Is an adopted child considered issue for purposes of inheritance?
Full Question:
Answer:
Yes, an adopted child is considered issue for purposes of inheritance in Nevada. The statutory definition of issue includes children, which are defined as those entitled to inherit under state succession laws. An adopted child is entitled to inherit from the adopted parent(s), so would therefore be considered issue.
The following are Nevada statutes:
NRS 134.190 Adopted child.
An adopted child and his adoptive parents or their relatives shall
inherit as provided in NRS 127.160.
NRS 127.160 Rights and duties of adopted child and adoptive parents.
Upon the entry of an order of adoption, the child shall become the
legal child of the persons adopting him, and they shall become his legal
parents with all the rights and duties between them of natural parents and
legitimate child. By virtue of such adoption he shall inherit from his
adoptive parents or their relatives the same as though he were the
legitimate child of such parents, and in case of his death intestate the
adoptive parents and their relatives shall inherit his estate as if they
had been his natural parents and relatives in fact. After a decree of
adoption is entered, the natural parents of an adopted child shall be
relieved of all parental responsibilities for such child, and they shall
not exercise or have any rights over such adopted child or his property.
The child shall not owe his natural parents or their relatives any legal
duty nor shall he inherit from his natural parents or kindred.
Notwithstanding any other provisions to the contrary in this section, the
adoption of a child by his stepparent shall not in any way change the
status of the relationship between the child and his natural parent who
is the spouse of the petitioning stepparent.
NRS 132.055 "Child" defined.
"Child" includes a person entitled to take as a child by intestate
succession from the parent whose relationship is involved and excludes a
person who is a stepchild, a foster child, a grandchild or any more remote
descendant.
NRS 132.205 "Issue" defined.
"Issue" means children, grandchildren or more remote lineal descendants.
Please see the information at the following links:
http://definitions.uslegal.com/i/issue/
http://definitions.uslegal.com/a/adoption/
http://lawdigest.uslegal.com/family-laws/adoption/
http://lawdigest.uslegal.com/family-laws/adoption-overview/
