What are an adopted child’s rights to their parent’s inheritance?

My husband was married before and adopted ex-wife’s child. That child is now an adult. Currently my husband does not have a will. If something would happen to him does his now adult adopted son get any of his property or would I get it all.

Asked on August 3, 2014 under Estate Planning, Pennsylvania

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

An adopted child has the same inheritance rights as a biological child.

If your husband dies without a will, the rules of intestate succession determine inheritance.  Intestate means dying without a will.

Under intestate succession, you (the surviving spouse) will inherit your husband's entire estate.  The child inherits nothing. 

If there is no surviving spouse, the estate is divided equally among the surviving children.  If there is a deceased child who had children,  those grandchildren inherit the share their deceased parent would have inherited had the deceased parent survived.


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