Intestacy and Intestacy Laws
Intestacy is a condition in which an individual dies lacking a legitimate will. If someone dies with no will, he/she is considered dead intestate. The estate of a person is administered according to a person’s will. Still, if there is no will, the estate is administered according to how an average person would administer an estate. This is determined by the laws which are known as intestacy laws. In the U.S., the intestacy laws differ from state to state. There have been attempts to make these laws uniform but with partial success. The Uniform Probate Code (UPC) is multiple attempts for the harmonization of intestacy laws. Many states have adopted the UPC, some as it is and some with changes. According to the UPC, if there is an existing spouse, the entire assets would go to them. If the spouse also died, the entire assets are transferred to the children. In case of no children, the property would be agreed to by the deceased’s parents. If the parents have died, then the property is transferred to the siblings of the deceased. In this way, the estate of the deceased is administered according to respective laws.
Adoption of Children
Adoption of a child is to assume the parenting of a child legally. An adopted child is any person who has been legally adopted in a court proceeding. Only a child does not need to be adopted, and an adult may also be adopted as an adopted child. Child or an adult, the law determines if the person is eligible for being adopted. After adoption, a relationship of parent-child is formed between the adopted child and the adopting parent. The relationship is the same as the relationship between biological parent and child. The adopted child has all the privileges and duties in the family. Adopted children are also considered as the legal heir of the adopting parents.
Intestacy and Adopted Children
After adoption, the adopted child is considered as born to the adopting parents. Hence, the adopted child shall have all the rights over deceased parents’ estate if they died intestate as naturally born children. In fact, after adoption, there is no legal difference between the adopted children and the natural-born children. Therefore, the adopted children may inherit even from the deceased parents’ relatives. An interesting situation arises when the name of an adopted child is not particularly mentioned in the will of the adopting parent. This may happen when the child is adopted after the will was made. If the child is adopted after the will was made or the adoptive child’s name is accidentally missed in the will, then the adoptive child may receive the due share of the estate as if the adopting parent died intestate. Unless there is evidence that the adoptive child’s name is intentionally avoided in the will, the adoptive child has a right over the estate. Therefore, adopted children duly have the same rights as biological children in case of intestacy.
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