The information in this column is not intended as legal advice but to provide a general understanding of the law. Some of the information in this column was prepared by the State Bar of Texas and is reprinted in this column with permission. Any readers with a legal problem, including those whose questions are addressed here, should consult an attorney for advice on their particular circumstances.
When assisting families with real estate that has belonged to a family member, commonly, there are questions about siblings who were either adopted, stepchildren, or children from outside the marriage. Therefore, in this week’s column, I will explain how each of these scenarios may affect inheritance rights.
The inheritance rights of adopted children are protected when a parent dies without a Will. Under the Texas Estates Code, an adopted child is treated the same as a naturally born child. Therefore, the adopted child can inherit from his or her adopted parents and vice versa. The adopted child can also inherit from his or her natural parents, but the natural parents cannot inherit from the child if the child dies without a Will. This is an important consideration today, when an adopted child often seeks and discovers the identity of a natural parent and then establishes a relationship with that parent.
After-born or after-adopted children who are born to or adopted by a person after he or she executed a Will in which such children were not provided for or mentioned at all may inherit only under limited circumstances, so it is best to execute a new Will or a Codicil to the existing Will to provide for the after-born or after-adopted children.
A stepchild does not inherit from a stepparent who dies without a Will because he or she is not considered to be legally related to that stepparent. This is unfortunate where the stepchild was raised by a natural parent and/or a stepparent. However, a stepchild may inherit from a stepparent who dies without a Will in some circumstances, such as if the stepchild was adopted or an oral or written agreement exists.
Half-blood children share the same natural mother or father but not the same two natural parents. A half-blood child inherits only half as much as a whole-blood child. For example, if a decedent’s only heirs are a half-blood brother or sister and a whole blood brother or sister, the half-blood heir takes one-third of the estate and the whole blood heir takes two-thirds.
An illegitimate child can inherit from his or her natural mother and vice versa when either dies without a Will. By contrast, the illegitimate child may not be able to inherit from the natural father or the father’s family members who die without a Will, except upon the occurrence of one of certain specified events: (1) the child is born under circumstances described in the Texas Family Code; (2) the child is adjudicated to be the child of the father by court decree as provided in the Texas Family Code; (3) was legally adopted by his father or (4) if the father executed an acknowledgment of paternity in accordance with the Texas Family Code. This means that even if a father maintains ties with his illegitimate child, that child will not inherit from him if he dies without a Will, except under limited circumstances.
If you do find yourself in a second marriage or any of the above situations, or think you may be, you should consult an attorney. The Will or estate plan you prepared years ago may not fit the circumstances today.
Sam A. Moak is an attorney with the Huntsville law firm of Moak & Moak, P.C. He is licensed to practice in all fields of law by the Supreme Court of Texas, is a Member of the State Bar College, and is a member of the Real Estate, Probate and Trust Law Section of the State Bar of Texas. ©
