Do heirs that are the adopted children of the deceased have a right to a higher percentage of the estate?

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Do heirs that are the adopted children of the deceased have a right to a higher percentage of the estate?

I heard in some states that adopted children get a higher share of the estate. Is this true?

Asked on April 18, 2012 under Estate Planning, Massachusetts

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Not to my knowledge.  Once a child is adopted they have the same inheriance rights as any of the biological children.  In fact, they have the same rights all the way around - support, etc. But understand that if a parent chooses to leave a Will and divide their estate differently between children that is up to them.  I speak only about a situation where there is no Will and the intestacy statutes apply. If you are concnerned about your siuation in particular I would speak with ana ttorney in your area.   Good luck.


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