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Adopted Individuals

Adopted Individuals. Summary of Inheritance Rights. PC § 40 EC § 201.054. What result?. Mother and Father have Child in 1985. Mother dies in 1990. Father marries Step-Mother in 1995. In 2005, Step-Mother adopts Child [20 years old]. In 2013, Father dies intestate. Is Child an heir?.

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Adopted Individuals

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  1. Adopted Individuals

  2. Summary of Inheritance Rights PC § 40 EC § 201.054

  3. What result? • Mother and Father have Child in 1985. • Mother dies in 1990. • Father marries Step-Mother in 1995. • In 2005, Step-Mother adopts Child [20 years old]. • In 2013, Father dies intestate. • Is Child an heir?

  4. Little v. Smith – p. 13 • Child adopted in 1932. • Child’s biological mother dies in 1969. • Child’s biological grandmother dies in 1982 leaving property to predeceased mother which would pass to her children. • Child learns identity of biological mother in 1989. • Child sues in 1991 to recover share under grandmother’s will.

  5. Little v. Smith – p. 13 • Texas Supreme Court rejects discovery rule for adopted individuals to ascertain biological parents and to inherit from/through them.

  6. Heien v. Crabtree – p. 24

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