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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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Adopted individuals

Adopted Individuals


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.


Heien v crabtree p 24
Heien v. Crabtree – p. 24


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