Legal Question in Wills and Trusts in Texas

Re: Does an adopted child have any claim to birthparent(s) estate.

Probably, unless the child's claim was specifically waived at adoption.

Re: Does an adopted child have any claim to birthparent(s) estate.

Hello --

There are a couple of things that could determine whether the adopted child has a claim to the estate of the biological father. It is clear that some estate planning could avoid the actual legal issue. If by will, you leave nothing to the child, the child would have to appear in Court at the probate of your will and dispute the Will's validity, and assert a claim. In Texas, it has been difficult for children without the adoption issue, just children who have come into disagreement with their parents and have been "cut out of the will" to win Court challenges to gain a share against the intent of the deceased in his/her will. If you choose to leave something to your child, then no Court will likely disallow that conveyance. If you die without a Will, the general rule is that the child can inherit from you, but that you cannot inherit from the child. All of the case law rules, though, will depend on the order of the Court terminating your parental rights and allowing adoption by a third party. That order would have to be examined in detail to fully answer your question. There should be specific provisions in the order which answer your question completely and unwaiveringly. Hope this helps.

Should you have further questions, please feel free to e-mail me at: [email protected] or call 254.756.5004 All the best, jW