I am trying to find out about inheritance laws for the state of Texas regarding adopted children. My parents adopted two children, which we are now grown, my father died 13 years ago and in his will he had he outlined who would get what, since my mother is still alive she has control of everything. My brother thinks that he is going to inherit everything in the even of her death. Just wondering if I have any rights or if I stand to inherit half since there are only two of us and we are both adopted. I have heard that you cannot disinherit an adopted child in Texas.

Would like to know what rights if any I have in case I need to contest the original will.

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Originally Posted by Adopted

I am trying to find out about inheritance laws for the state of Texas regarding adopted children. My parents adopted two children, which we are now grown, my father died 13 years ago and in his will he had he outlined who would get what, since my mother is still alive she has control of everything. My brother thinks that he is going to inherit everything in the even of her death. Just wondering if I have any rights or if I stand to inherit half since there are only two of us and we are both adopted. I have heard that you cannot disinherit an adopted child in Texas.

Would like to know what rights if any I have in case I need to contest the original will.

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I have a few questions.

Who got what in your father's will? You say that since your "mother is still alive she has control of everything." This suggests to me that he left his entire estate to her, but that conflicts with your statement that "he had he outlined who would get what", i.e.: not everything to your mother.

So which will are you thinking about contesting, your mother's?
To answer your direct question, the following section of the Texas Family Code seems to apply:

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Sec. 162.017. EFFECT OF ADOPTION. (a) An order of adoption creates the parent-child relationship between the adoptive parent and the child for all purposes.

(b) An adopted child is entitled to inherit from and through the child's adoptive parents as though the child were the biological child of the parents.
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It doesn't provide, as you have heard, that an adopted child cannot be disinherited. This follows from the fact that a biological child can be disinherited. And in any event, leaving a child, by will, a different share of an estate than that child would have received under the intestacy statute (i.e. if there was no will at all) doesn't constitute disinheriting, to my way of thinking.

See also Section 40 of the Texas Probate Code, which provides in pertinent part that "Nothing herein shall prevent any parent by adoption from disposing of his property by will according to law."

My adopted father has left my brother who is adopted in his will , I don't believe I am in his will, do I have any rights

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Originally Posted by bluebell1

my adopted father has left my brother who is adopted in his will , I don't beleive I am in his will,, do I have any rights

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Please don't ask your question, even if similar, in somebody else's thread. That practice tends to get things confused.

You don't have any rights (other than the right to notice of a probate proceeding and to see the will) unless

• Your father was a resident of, and the will is being probated in, Louisiana; or
• The will can be disregarded. Some states, for example require that all children of the testator be mentioned in the will and if not they may have some remedy.

Which state are we talking about?