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Tx laws adoption

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kathylevee

Junior Member
What is the name of your state? Tx
I was an adopted child in Texas 1958. Natural father died
very whelthy man. Does Texas have a law that protects me to the fact that I was a lenial decentant ? His will states all his chiildren to include all lenial decendants. I never signed away my rights .
 


kathylevee

Junior Member
Are you referring to DNA testing?
No, DNA has not been done.

I never stated that my parents who raised me werent real parents.
If it wasnt for them, I would have been aborted.

My NATURAL father watched me grow up, wrote many times and
was told by him and my mother that he was my birth father. I have 4 half sibling, that I have never met, so DNA can still be done if needed.
 

I AM ALWAYS LIABLE

Senior Member
kathylevee said:
What is the name of your state? Tx
I was an adopted child in Texas 1958. Natural father died
very whelthy man. Does Texas have a law that protects me to the fact that I was a lenial decentant ? His will states all his chiildren to include all lenial decendants. I never signed away my rights .

My response:

Unless your bio-father has named you in his Will, you are no longer automatically entitled to any part of his Estate because of your adoption by another family. You are entitled to take from your adoptive parents' Estates.

Adoption cuts the ties that bind.

IAAL
 

nextwife

Senior Member
Adoption also creates new bonds!

IAAL, lord knows I would never post a contradiction to what you posted. However, and I may very well have misunderstood Texas law in this regard, but I had read Texas is funny about heirship and adoption. I had found some articles showing that, UNLESS the deceased had actually taken action to guaranty otherwise through their will, an adopted child may indeed be eligable to inherit in the absence of a will:

And perhaps the key to this was whether one dies intestate. I do not know how a vague reference to lineage is applied.


http://www.premack.com/columns/1997/970102.htm

"Texas law is very clear on this point: a child who is given up for adoption is still entitled to inherit from the biological parents. This is true even though the biological parents meant to completely remove the child from their lives.

Texas law is also very clear on a different point: you may always select your heirs, and you may always exclude anyone from being your heir.

Can we reconcile these two viewpoints? Yes. The difference is action on the birth mother’s part. Only if she fails to make a Will or other plan can this man make a claim against her estate. He is entitled to make a claim under the laws of intestacy. If she dies without a Will, he can share equally in the estate. On the other hand, if she has a Will identifying her heirs and disposing of her entire estate, she is not intestate so he has no claim (unless she wants him to).
An excellent illustration is found in Texas case law. A son named Russell was born to John and Mildred in 1945. They divorced in 1954. Russell went with his mother Mildred, who eventually remarried. John gave up his parental rights, and Mildred’s new husband adopted Russell. John also remarried and started a second family.

John died in 1984, never having given Russell a second thought. He also never gave a thought to making a Will, and thus died intestate. His second wife, and the daughter from that marriage, went to court to probate his estate. They did not mention to the court that Russell had ever existed.

In 1987 Russell discovered that John had died. It seems John had acquired a tidy sum of money, so Russell appeared to claim his share. The trial court applied the law that a child given up for adoption is still entitled to inherit. Russell was awarded $250,000. John’s second family disagreed, and appealed the case.

The court of appeals upheld the trial court’s ruling. Russell inherited from his birth father even though he had been given up for adoption 30 years before John died. If John had made a Will, he could have left his fortune to his second family. So the answer to your question is: yes, a child given up for adoption can still inherit, but only if the birth parent takes no action to prevent it."
 
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