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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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summary of inheritance rights
Summary of Inheritance Rights

PC § 40

EC § 201.054

what result
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?
little v smith p 13
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.
little v smith p 131
Little v. Smith – p. 13
  • Texas Supreme Court rejects discovery rule for adopted individuals to ascertain biological parents and to inherit from/through them.
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