Legal Question in Wills and Trusts in Texas

Re: Determination of heirs

The determination of who is an heir is based on the legal relationships.

"Step-children" who are never adopted do not have a legal relationship with the step-parent. Therefore step-children are not heirs of their step-parents.

When a child is adopted that child's relationship with the birth parents is severed and the adoptive parents become the "legal" parents of that child. Since that child no longer has a legal relationship to the birth parents, he or she is not entitled to the birth parents' estate. The adopted child may be entitled to a share of the adoptive parents' estate.

Who is entitled to a share of an intestate estate (where someone dies without a will) is a matter of state law. It depends on who survives that person. If there is a spouse, the spouse is entitled to a portion. If there are no children, the spouse would get all of the estate. If there is no spouse, the estate would be divided by the "legal" children of the parent. If there are a spouse and children, the shares are divided differently.

All of this can be changed by the estate plan of your father, who can chose to leave his estate to any person or entity he desires. He can leave parts of his estate to a step-child, his birth child, or even a stranger. There is no requirement in Oregon that a child receive any portion of a parent's estate. The determination of who the heirs usually only matters when someone dies without a will or other legal estate plan (like a trust).