How do state laws of intestacy apply to children that are adopted by a surviving spouse?
In Michigan, state laws of intestate succession generally apply to children that are adopted by a surviving spouse. If an adopted child is related to the surviving spouse, the adopted child will be considered a legal heir to the intestate estate as if the adopted child were born to the surviving spouse. This means that the adopted child has the same rights of inheritance as if they were a biological child of the surviving spouse. If the adopted child is unrelated to the surviving spouse, then the intestacy laws of Michigan state that the child can inherit only if the deceased had made a written document expressing their intention for that child to inherit. This document can either be a will, or a trust. If such a document does not exist, then the adopted child will not be considered part of the intestate estate and will not be eligible to receive any inheritance. In addition to the intestate succession laws in Michigan, the state has also enacted an adoption statute which grants the same rights and responsibilities to an adopted child as to a biological child. This means that an adopted child is legally entitled to the same rights as a biological child with respect to inheritance in the event of a the death of a parent, unless the person who died has left a document saying otherwise.
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