adoptee's natural father killed

[pzsc]

daughter was adopted by my husband in texas. my ex-husband, my daughters natural father died in pennsylvania. she is the only living survivor. as the only natural child born to him, does she have a right of heirship?

 

[loku]

Adopted child

Under Chapter II, Section 40 of the Texas Probate Code an adopted child inherits property both from the adopted parents and from the natural parents, so the answer is that you daughter does have a right of heirship from her natural father.

 

[pzsc]

But if Pennsylvania adoption law differs from Texas, do they have to honor the adoption order filed in Texas or can they say that since he lived and died in Pennsylvania, do their laws apply? Do they not have an obligation to abide by the laws of the state where the adoption took place?How can they apply their own laws when thats not where the adoption was filed. Please help.

 

[advisor10]

JUNE 11, 2001

Whenever a person dies, it is the probate law of the state where the person dies that takes priority.

With so much at stake you really should be trying to speak to an attorney directly about this matter instead of hoping for an appropriate response to come up on this website.

 

[pzsc]

I have spoken to some many attorneys and law firms but they keep saying they are not sure. I am not stupid, I just am trying to find something to give the attorneys to go on.. Because of the unusual circumstances they don't know which law would apply. He died in Pennsylvania so they think that would apply, but at the same time, the adoption was in Texas and it was Texas law that applied to anything he signed. Any attorneys I have spoken to keep trying to find some kind of case law for this..