| Dear Mr. Premack: My mother is in her mid-80’s
now. I was only two when I was adopted by her and my father, who passed
away last year. I’ve seen papers that they actually went to court to
adopt me. I have a younger sister, if you can call her that. My folks
took her in when I was six, and raised her as part of the family. But
they did not go to court to adopt her. My question is this: my father
did not have a Will. Did my "sister" inherit any of his money?
– P.J.
When a person dies intestate – without a Will – Texas law decides
who is going to inherit the remaining assets. If there are no children
from earlier marriages, then current Texas law leaves everything to the
surviving spouse. Your mother is the one who inherits, not your sister
and not you.
What happens when your mother dies? You want to know more about your
sister’s status as an child and potential heir.
Your mother can control the situation by making a Will. In it, she
can select her heirs. She can leave everything to you, to your
"sister," or to the next door neighbor. A Will can eliminate
all uncertainty in this situation. She can also direct to whom specific
assets should pass. For instance, she could give someone a "right
of survivorship" on her bank account. When she dies, it belongs to
that person. It does not pass through her Will or by state intestacy
law.
What if your mother refuses to make a Will, or cannot make other
arrangements due to illness? Then her assets will also pass through the
laws of intestacy. Your "sister" could claim in probate court
that she should be included as an heir. If her claim is valid, she would
share equally with any other children in your parent’s family.
Is your "sister" the legal child of your parents? They are
not her natural parents, and they did not go through a legal adoption
proceeding. Her only claim would be she was adopted "by
estoppel." This happens when a "parent" agrees with a
"child" to adopt that child, and that child behaves in a
loving and supportive fashion to the parent.
A recent case decided in the Texas Court of Appeals—Spiers v.
Maples—made it easier for a person to claim that they were adopted by
estoppel. The court said that when there is an agreement to adopt, and
acceptable performance by the child, the "child need not prove that
she knew about the agreement to adopt and acted in reliance on that
agreement." It is enough that the child is raised as part of the
family and acts like a member of the family.
If your "sister" was kind, loving and attentive to your
parents then she can claim to be their adopted child. She is likely to
inherit from your mother unless your mother makes other plans. |
