For the purpose of inheritance, there are natural children, adopted children, and children adopted by estoppel, also called equitable adoption. What do these terms mean?
- Natural children are, of course, the children born to the parent.
- Adopted children are children that were adopted by the parent through the legal system.
- “Adoption by estoppel” sometimes called “equitable adoption” or “adoption status” means those children who were not adopted through the legal system but are nevertheless recognized by the law as the adopted children of a deceased person. This involves children who were raised by a decedent (someone other than their parents) and there must be a parent child relationship established between the person (the decedent) who raised them and the children. It is legally similar to a common law marriage.
When a person dies intestate or when they leave a will that makes general references to “my children” or “my heirs,” all of the above will inherit. Once the status of “child” is established, it makes no difference whether they are natural children or adpoted children. Adpotion by estoppel is a little different but they still inherit from the parent. See the discussion of informal adoptions like adoption by estoppel, equitable adoption or adoption status here.
By Robert Ray a Texas inheritance attorney. The foregoing information is general in nature and does not apply to every fact situation. If you are concerned about Texas inheritance laws, inheritance rights, probate limits, have a family inheritance dispute, a property dispute or want to know the reasons for contesting a will or protecting a will from a contest and need an inheritance lawyer, we can help. Please click on the “Contact Us” tab above and use the contact form to contact us today. We are Texas inheritance lawyers and would love to learn about your case. There is no fee for the initial consultation.
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