How do state laws of intestacy apply to children that are adopted by a surviving spouse?

In California, the laws of intestacy apply to children that are adopted by a surviving spouse. Intestate succession is the legal process of passing on assets to the next of kin after someone passes away without a valid will. Under California law, an adopted child is legally considered both a child of the adopting parent as well as a child of the biological parents. This means that if the surviving spouse adopts a child of the deceased, the child is a beneficiary of the intestate succession process. In California, the intestate succession process begins with the surviving spouse. If the deceased had no surviving children, the surviving spouse is the sole heir. However, if the deceased had children from a prior relationship, the surviving spouse will only inherit a portion of the deceased’s estate. The remaining portion will be divided among the children of the deceased, including any adopted children. The order in which the estate is divided depends on the situation. Generally, if the deceased had married the adopting parent after having children, the estate is divided equally between the surviving spouse and the children, including the adopted ones. On the other hand, if the deceased had married the adopting parent before having any children, the estate is divided equally between the surviving spouse and the adopted child. In summary, state laws of intestacy in California apply to children that are adopted by a surviving spouse. Depending on the situation, the adopted child may be entitled to a portion of the deceased’s estate.

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How do state laws of intestacy apply to children that are adopted by a surviving spouse?

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