Legal Question in Wills and Trusts in Texas
Adopted but not in will
I was adopted in Texas at the age of 5. My Father passed away almost 2 years ago and left Mother his assets. Mother passed away 10 months ago and made my sister (their natural child) executor. Also she named my sister as executor . I was not mentioned at all in the will. I know they had several thousand dollars from a lawsuit that was settled and have several more from another that has not been settled yet. My sister is saying she cannot find any information on where the money they have recieved is,as well as insurance, investments,etc.. I did see a book that had a balance of eighty thousand in my mothers name.
My question is: do I have any right to inherit from my adopted parents?
3 Answers from Attorneys
Re: Adopted but not in will
An adopted child, in Texas, has the same rights as a natural-born child. Since you weren't mentioned in the will, you take as if there was no will; you are entitled to half the property in your mother's estate.
Get a lawyer, and quickly, before the assets vanish. The lawyer should practice in the county where you mother lived.
Re: Adopted but not in will
I usually don't respond once an attorney has answered a question, however, in this case he is wrong. It appears that you were adopted in TX, but your family moved to LA and your parents wrote their wills here and died here. If this is not correct, let me know. La. used to have full forced heirship but in the early 90's we changed our law where children over the age of 23, whith no mental disabilities, etc. were no longer forced heirs; and if a parent didn't include such a child in their will, and left everything to another heir, then that child is out of luck. (How old were you when the will you mention was written and when was it written?) I still suggest you contact an attorney to discuss the particulars of your situation.
Re: Adopted but not in will
Dear LawGuru Friend,
A Louisiana lawyer should not offer advice on a Texas legal problem, so this is not advice, just academic discussion. My guess is that, yes, you have just as much right to inherit as an adopted child as would have a natural child born of either one or both of your adoptive parents. Now the leaving of a will just naming someone as "executor" does not mean that you lose any rights to inherit. My guess is that you are just as entitled to inherit from your adoptive mother and father as any other child they may have. You do need to talk with a Texas lawyer, however, for advice and counsel. I recommend George Barron, Attorney, of Orange, Texas. Call him and discuss your legal problem with him. Oh, yes! I met a very nice lawyer in court the other day from Houston, and I was very impressed with him. His last name is Risley, John Risley I think is his name. I know his last name is Risley. Call informaton for his name and number. Probably not be more than one Risley lawyer in Houston. Either one of these two lawyers I would recommend to you. If you call either or both of them, tell one or both I suggested you call them. Best of luck!
Sincerely,
Hardy Parkerson, Atty.
Lake Charles, LA
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