Intestacy inheritance in Texas of an adopted child

Intestacy inheritance in Texas of an adopted child

Flipper/Rehabber · New Braunfels, TX · Member since 2015 · 63 posts · 11 votes

First I am not an attorney so please don't take any of my information as legal advise.  Please consult an attorney for your specific needs.  That being said, I buy a lot of distressed real estate and partial interest of distressed real estate in Texas when it comes to substantial heirship issues and families are fighting. I typically will buy the undivided interest from heirs that are willing to sell their portion and then work on the remainder afterward.  

I am currently working on one now where the original owners had three biological children and three adopted children.  The original owners died without a Will, thus all children (biological and adopted) receive equal shares of the estate. Now one of the adopted children died without a Will and did not have any children of their own.  I understand that in Texas, an adopted child can inherit property from both the adopted parents and the biological parents.  What I am trying to figure out is if this can also go the other way if an adopted child's share of an inherited property would be divided amongst their adopted siblings as well as their biological parents or siblings?  

I believe the adopted child's share is equally divided amongst the adopted siblings but I'm not sure if the biological siblings become involved or if there is a split in % passed down as there is with half siblings receiving 50% of what a full blood sibling would receive.  Would anyone help shed some light on this?  I can't seem to find this in the Texas Estates code.  Any help would be greatly appreciated.

0Reply
26 views

1 Reply

Jump to latestLatest
  • Member since 2020 · 23 posts · 5 votes
    6y

    I've been researching this a lot as I am an adopted child of someone who recently died without a will. In California, the remainder would be divided between the remaining siblings unless the adopted child who died had a spouse or children, then his or her share would go to them. 

    The probate code should be very clear about it. In California, it says that adopted and biological are treated the same in most cases. 

Join the conversationCreate a free account to reply, vote on answers and follow this thread.