Did you have to add special wording for your adopted child when you made your Last Will?

Question

I want to make sure that my son gets everything (right now he is my only son and is under 18 years old)... so I've worded my Will so that any possible Guardians will get my money to help with raising him, his college and etc. If the Guardians have children and they kick-off before my son is 18, will all the money I left for him get disberssed between the Gaurdian's children and him? I don't want that. I want my son to have my stuff.

Answer 1

It's not so much that you have change the wording per se but most forms will have that clarified.  You can select the form that best suits the description of your family and then have a lawyer adjust certain parts that don't meet your criteria.

You can check out sites like legalforms.com

Answer 2

Our Will is set up so all of our assets go into a Trust for our children. The guardians can access the Trust to pay for their care, but whatever is left still belongs to the children. It will be paid out in phases in their early adulthood (not all at once.) If something happened to the guardians,  the money would still be the kids'.

Our lawyer said the law, at least in our state, is pretty clear that "children" includes both born-to-you and adopted children, so he didn't feel that there needed to be special wording, but we included some anyway...just to cover all the bases.

However, he did say it's a good idea for GRANDPARENTS to specify, because apparently the law is a little more vague on whether adopted children are automatically included as "grandchildren." (His thought was that the law would probably would conclude that they ARE, but it was vague enough that if someone contested the Will, it could eat up a lot of the assets in legal fees while they hashed it out. It would be better to be crystal clear in the first place.) Both my parents and my in-laws have included special wording in their Wills specifying that their adopted grandchildren are to receive the same as their biologically-related grandchildren.

I wouldn't really expect anyone in either family to contest their inclusion, but people do strange things when money's on the line... Better to be covered.

Answer 3

Talk to a trust & estate attorney.  The will would either mention your son by name, or say "all my children, both natural and adopted."

I used to work at a law firm in the T&E department.  There were cases where relatives of the deceased - uncles, cousins, or whomever would contest the will because it only said "I leave to my child".  In some states, the laws have not been updated to define who is a child and the law may be interpreted to mean by blood.  Better safe than sorry. Better to pay a lawyer to do it the right way than to risk your child having to not just deal with it being hung up in court but to get a smack in the face from his 'family' once the adoptive parents have passed.  

Answer 4

Check with a lawyer.  I know in some states adopted children are not the same as biological children when it comes to wills.  Even though they are all legally yours.  I know friends that had to specifically name the adopted child by name and state that he is entitled to his share of the estate just like the bio children.  

Answer 5

I know you have to  provide not only in life but after your death too. $1.00 thing doesn't work.

Answer 6

Because adopting forms a parent/child relationship that is legally the same as the parent/child relationship formed at birth, the child has all the same rights to inheritance that a biological child would have.  Therefore, you should not need to do so.  

Of course, the laws have been known to be funky in adoption, and differ from state to state.  It's always best to verify a will or trust with an attorney who handles these matters.

Answer 7

yes,

farewel oh adoptee of mine

Answer 8

i would check with a lawyer. what i can tell you is that an adopted child has the same rights as a biological child, if it is written in the will for them to inherit your property and things.

with me my parents were very clear on what i would get if they should die.

Answer 9

"Buyer's remorse" ?!

What an ignorant thing to say to someone who is so concerned about the welfare of the child that she wants to make sure the child is provided for in death as well as life.

That is one burden birthparents don't have to carry...the "what-ifs" of a useless beurocratic governement should you kick the bucket of who does the child belong to.  Not only do we have to worry about providing for our child financially, but we have to also make sure the guardians we choose are willing to honor open adoption agreements, will be willing and able to provide the emotional support an adoptee needs as they come to terms with adoption, etc.

I have thought of this and many other "what ifs".  We got a lawyer who put it in writing along with the certificate we got stating that our adoption was finalized.  Good luck to you Kristy, wish people on here could be a bit nicer in their attempts to "educate".

Answer 10

Kristy,

Have your total estate divided in half.

Half going into a separate trust fund that your child receives upon turning 18 or whatever age you choose.  You can even stipulate after completion of college.  

The other half going to the guardians to help in raising your child.  

ETA:  I forget there was no special wording.  Just divided equally between the 5 girls.  We did add in the will that it was expected that the guardians would continue the contact and relationships between DD's First Families.