How do state laws of intestacy apply to children that are adopted by a surviving spouse?
In Washington, state laws of intestacy with regards to adopted children of a surviving spouse and their relation to inheriting the estate of a deceased person can be a bit complicated and may vary depending on individual circumstances. First, for an adopted child to be given the same rights as a biological child, the adoption must have been finalized prior to the death of the intestate parent. If the adoption has not yet been finalized, any shares of the estate will be distributed in accordance with intestacy laws. Second, the adopted child must have lived with the deceased intestate parent for at least two years. If the adopted child does not live with the intestate parent for a minimum of two years, the adopted child will not inherit anything in accordance with intestacy laws. If the adopted child has legally been adopted prior to the death of the intestate parent and they have lived with the intestate parent for two or more years then they are entitled to the same shares as a biological child. Finally, it is important to note that if the intestate parent’s spouse was the one who adopted the child, the adopted child will not automatically inherit the estate. In order to do so, they must qualify as an heir under the Washington Intestacy Laws.
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