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

In the state of Oregon, children that are adopted by a surviving spouse are treated the same as other children of the deceased spouse during intestate succession. This means that if the surviving spouse adopts the child of the deceased prior to passing, the child will receive the same benefits as if they were the biological child of the deceased. This includes an equal share of inheritance from the deceased parent’s estate. However, if the surviving spouse adopts the child of the deceased after their death, then the child is often not recognized as a legal heir under Oregon’s intestacy laws. This means that the adopted child will not be eligible to receive an inheritance from the deceased’s estate. In this case, the child’s biological parents or their surviving relatives may be eligible to receive the inheritance. If the child of the deceased passes away before the surviving spouse can legally adopt them, then the adopted child’s biological parents or their surviving relatives will receive the inheritance that would otherwise have gone to the deceased’s child. For this reason, it is important for the surviving spouse to legally adopt the deceased’s child in a timely manner in order to ensure that the adopted child will receive their rightful inheritance.

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

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