dual inheritance

An adopted child’s intestate inheritance through both his adopted family and his natural parent.

• The problem of dual inheritance occurs only if a relative of the birth parent adopts the child. For instance, if a child’s mother dies and the maternal grandparents adopt the grandchild, and if a grandparent then dies intestate, the child qualifies for two separate shares — one as a child and the other as a grandchild. In some jurisdictions, by statute, such a child is allowed to inherit only the adopted child’s share. Under the Uniform Probate Code, the child takes the larger of the two shares.


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