Legal Question in Wills and Trusts in Texas

Re: legal rights of adopted child concerning heirship

The will needs to be probated, first and foremost. A will has no power until the judge declares in an order that it has been accepted into probate. You should take the will to an attorney. If the will was created after the birth or adoption of the child and does not mention the child, then once the will is admitted into probate, the child gets nothing. Otherwise, if your stepmother adopted the child, the child has all the rights of a child born to her. If your stepmother gave up the child for adoption, you would need to know the wording in the order terminating your stepmother's parental rights. But again, if the will is entered into probate court, and it leaves all your stepmother's property to someone else, then it really doesn't matter whether the child might have been an heir. Heirs only come into play if there is no will or if the will is defective. Your question is complex, and particularly if there is real estate involved, you should consult with an attorney.