May a widow adopt her adult niece?

Question

she wishes to have her niece inherit her home in San Diego someday, and would like her Prop 13 to be included (prop 58)

Niece would like to move here from out of state and care for her aunt. If she could count on the parent/child exemption at aunt's demise, that would be great !

Answer 1

Ever hear of a will?  They're pretty neat things...they let you dictate who should receive what when you die.

Answer 2

Yes she can adopt her if they both want that. However if she just wants to leave her home to her niece. I would think it might be just as easy to have it declared in her [the Aunts] will that her niece “Lauren” is to get her home and estate when she passes.

Answer 3

Yes, a widow can adopt her adult niece.  However, she should be aware that she no longer will have any legal rights as far as her parents are concerned.  This includes not being able to make legal medical decisions for them (or them for her) or even inheritance (unless specifically listed).

For instance, if I was in this position, I would go ahead with the adoption. Not everybody is in my position however.

My suggestion is that she should get some legal advice before making this decision, although, as mentioned, in CA a lawyer is not required for the actual adoption. I should add that the adoption can only take place in the state where the adoptee is a resident.

Answer 4

If the widow adopts her niece, she can cause problems inheriting from her original parents.  There is such a thing in our state called a revocable trust, which somehow works to basically put something in the kid's name, without incurring a lot of inheritance tax.  Perhaps it might be better to speak to a family attorney with several members in their firm, so one can handle adoption, and the others might know how the niece can help the aunt, and get to be able to inherit without paying a huge portion of the estate.  Good luck, and it is nicer having someone in home to take care of you.

Answer 5

Although most states have provisions for adult adoption. The procedures are quite simple.  In California, no attorney is needed or required as it is so simple.  

However, it seems that this case may not be appropriate for something as drastic as an adoption.  I say this because the particular inheritance you discuss could be handled in a trust.  If the woman adopts her niece, then her niece will no longer have a legal parent-child relationship with her own parents, causing a loss of the legal rights that exist under that relationship.  I understand that the exemption in California on the inheritance would be great.  However, there are other considerations.

I would suggest they discuss the matter with an attorney who handles probate matters.  A trust is normally a better option that a will in these situations.  Adoption is a huge move for something that may be adequately handled in other ways.

Now, when all is said and done, if the niece decides that being adopted is what SHE truly wants, then that is up to her.

Answer 6

Most states allow adult adoption.

Hate to tell you this, but you really do need to consult an adoption attorney - look in the yellow pages under Attorneys - Family Law