Can A Parent Disinherit An Adopted Child?

I received a phone call recently from a woman whose adoptive father was dying. She was worried, but not about what you’d expect.

You see, her father had inherited a piece of family land from her grandmother that her grandmother always said would one day be passed down to her. Unfortunately, her relationship with her father had soured, and they had not spoken for years.

She knew her father had a Will and had disinherited her, but she was hopeful. A friend told her that parents could not disinherit adopted children in Texas. “Is my friend right?” she asked.

Her friend was wrong.

Section 201.054 of the Texas Estates Code specifies that for purposes of inheritance under the laws of descent and distribution, an adopted child is regarded as a child of the adoptive parents and can inherit from his or her adoptive parents and their relatives just any biological child. However, the statute also provides:

“This section does not prevent an adoptive parent from disposing of the parent’s property by will according to law.”

So if an adoptive parent dies without a Will, his adopted child is entitled to inherit under the Texas intestacy laws just as a biological child. However, there is no law that restricts a parent from disposing of his property by Will in any way he chooses.

Just as a biological child can be disinherited, so can an adopted child.

Leave a Comment

If you would like to add your perspective to this post or have a general question, please leave a comment. However, if you have a fact-specific legal question, please email me, or communicate with me through my secure client area. To do so, simply login if you are an existing client, or request an introductory conference if you are interested in becoming a new client.