by
Revised November 12, 2008
This article reviews the legislation enacted by the 2005 Texas
Legislature relating to the Texas law of intestate succession. The
reader is warned that not all recent legislation is presented and not
all aspects of each cited statute are analyzed. You must read and study
the full text of the legislation before relying on it or using it as
authority.
The 2005 Legislature made a significant change with respect to the
law governing inheritance by a person who is adopted as an adult. Under
prior law, there was no difference between the inheritance rights of a
person who was adopted as a minor and a person who was adopted after
reaching adulthood, that is, both types of adopted individuals inherited
not only from their adoptive parents but also retained the right to
inherit from their biological parents.
Effective with regard to intestate individuals who die on or after
September 1, 2005, the adopted adult may no longer inherit from or
through the adult’s biological parent. See Prob. Code § 40 & Fam. Code §
162.507(c).
This amendment may lead to an absurd result. For example, assume that
Mother and Father have a child in 1985. Mother dies in 1990 and Father
marries Step-Mother in 1995. As time passes, Child and Step-Mother
become close and shortly after Child reaches age 18, Step-Mother adopts
Child. If Father dies intestate, Child will not be considered an heir
because the statute provides that an adopted adult may not inherit from
a biological parent.
In publishing this article, the author is not engaged in rendering
legal, accounting or other professional service. If legal advice is
required, the service of a competent professional should be sought.
© 2006 Gerry W. Beyer