If my biological father gave up his rights and I was adopted by my stepdad, wouldI still be considered his next of kin?

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If my biological father gave up his rights and I was adopted by my stepdad, wouldI still be considered his next of kin?

My biological father never married anyone.

Asked on December 22, 2011 under Estate Planning, Texas

Answers:

Michael Duffy / Duffy Law, LLC

Answered 10 years ago | Contributor

In most states no. If your biological father died intestate (without a will) the state intestacy laws would apply. They're complicated and go out several branches on the family tree until they can find a relative to inherit. The decedent's children are the first step and would take equal shares of the entire estate if there was no spouse, but you would not qualify in this case. After his parental rights were lawfully surrendered you were no longer considered a "next of kin". Instead you would be the "next of kin" of your adopted father, the same as a biologicial child. 


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