Q: Does my stepdaughter have right of heirship from home sale proceeds?
My husband recently died without a will, and I'm in the process of selling our home, which was jointly owned by us. My husband maintained contact with his biological daughter after her adoption by her stepfather, but he did not provide any support after the adoption. There are no other beneficiaries besides myself. Does my stepdaughter have any right of heirship from the proceeds of the sale of our home?
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A:
It depends. If your spouse left the house to only you in a will, no one other than you has a right to the house.
However if he left it in shares to multiple people under the will (including the child that he gave up for adoption), multiple people would have a right to it, including the adopted child.
If he died without a will, Texas law would leave his share of the house to his kid(s) (with the a life estate right to you).
Exception is when a parent gives up his parental rights (gives a child up for adoption) the child that has been adopted generally loses the right to inherit from their biological parents through intestate succession.
The only way to really find out what would apply to you is to go and visit with a probate attorney in your jurisdiction and find out what your rights are.
A: First, it depends on the language in the deed. If you held the property as joint tenants with right of survivorship, you own 100% of the property without the need for probate. If you held the property as tenants in common, the laws of intestacy take over, and the biological daughter's adoption order will dictate whether she is a legal heir of your husband. If the daughter was legally adopted by her stepfather, she loses all rights to inheritance if the court order of adoption states that. If it does not, the daughter still has a right to inheritance and must be included in the probate. The daughter will own a portion of the property and will be entitled to a portion of the income from the sale. Schedule a free consultation to determine the best path for settling the estate.
A:
To answer this question specifically, we'd have to know more. Specifically:
1) The deed to the house matters. If we could see that, we'd know if your husband's estate is even involved. In other words, if you're listed as "joint tenant with rights of survivorship," you'll be in great shape!
2) The adoption paperwork matters. Texas, by default, allows the adopted-out child to retain her inheritance rights in the absence of a will. However, the adoption decree might state otherwise. Also, if the adoption was outside of Texas, that might also have an impact.
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