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


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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.