Can an Adopted Child Inherit the Share of a Deceased Heir?

The answer will depend on the language of the will. Adopted children generally have the same right to inherit from the adoptive parent as a biological child, regardless of notice of the adoption. If the father of the adopted child was an heir according to the will and the will specified that distribution was to be made “per stirpes” or “by right of representation”, then the heirs, including the adopted ones, of the deceased son would stand in his place to inherit the deceased son’s share. If not, then the share of the deceased son would go into the “residue” of the estate and be distributed according to the residuary clause, which specifies how property that isn’t specifically bequeathed will be distributed.


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All content is for informational purposes only. It is also only intended to relate to Mississippi Estate Planning Law.  If other states are mentioned, they are mentioned as an example only. No legal advice is provided in this content. Laws change so you need to check for any updates by current laws in Mississippi.