QUESTION
What are an adopted child's rights to inherit if not mentioned in our will?
Asked on Jul 11th, 2013 on Estate Planning - California
More details to this question:
My husband is divorced from his 2nd wife, but had adopted her daughter while they were married. The divorce happened after the child reached maturity. Since the divorce, he has been estranged from the adoptive child. Our will names all 4 of our natural children, but there is no mention of this adoptive child. Is she entitled to claim a share of inheritance, should we both pass?
13 ANSWERS
An adopted child is considered to be the same as a natural child.
Answered on Jul 14th, 2013 at 9:46 PM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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If the will does not leave anything to children adopted after the date of the will, she would not receive anything. She can file a will contest in court if she cares to do that.
Answered on Jul 14th, 2013 at 9:46 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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If she is not mentioned at all, there is a slim possibility she could inherit. Michigan law changed in 1998 to include a presumption that, if someone was not mentioned in the Will, the testator's intent was to exclude them. The presumption CAN be overcome, however. Your best course of action would be to expressly exclude her, in the terms of the Will.
Answered on Jul 12th, 2013 at 1:42 AM
Sasha D. Oberle
Just because your husband's adopted daughter is not mentioned in his will does not mean she is not entitled to a portion of his estate. Adopted children have the same rights as natural children. He does have the right to leave any child out of his estate plan but this does not happen automatically. He may need to specifically disinherit her, if that is his intent. Her right to inherit involves many factors such as what his will specifically states, what types of assets he owns at death, and whether you or he dies first. To avoid ambiguity, it is important that his estate plan specifically states whether he wants to include or disinherit his adopted daughter.
Answered on Jul 11th, 2013 at 7:37 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Yes, the adoptive child is entitled to a share of the estate, unless specifically excluded from the will or trust; and that includes the children of the adopted child, should the adopted child be deceased.
Answered on Jul 11th, 2013 at 5:38 PM
Business Law Attorney serving Livonia, MI
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Gerald A. Bagazinski
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You should have his will rewritten to specifically mention her and then incorporate a statement that "he has specifically made no provision for her for reasons that are know to her. "
Answered on Jul 11th, 2013 at 5:37 PM
The adopted child has all rights as a naturally born child of your husband. If he wishes to disinherit the adopted child than he must do so properly in his Will. Contact an attorney who specializes in estate planning for more information.
Answered on Jul 11th, 2013 at 5:37 PM
Adopted children have the same rights and are entitled to the same benefits as children by birth. Your husband can state in his will that he recognizes this child and deliberately chooses not to leave anything to him/her because they are estranged. The adopted child has no claim to your estate but may have some claim to property and assets left to you by your husband for the term of your life and then passing on to your children.
Answered on Jul 11th, 2013 at 5:37 PM
Thomas Edward Gates
The step-father has no obligation to give anything to his adopted daughter. To protect himself, his will should state that he is leaving her nothing. Otherwise, she could claim is a forgotten child.
Answered on Jul 11th, 2013 at 4:21 PM
Probate Attorney serving New Orleans, LA
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James G. Maguire
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Unless the child in question is under the age of 24 or disabled (physically or mentally) at the time of her adopted father's death, she is not a forced heir, so nothing need to be left to her in the will.
Answered on Jul 11th, 2013 at 1:40 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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If you do not want her to inherit he should put some kind of statement that she is his adopted daughter however, he wishes to omit any gifts to her. In that way she will not be successful in a Will contest since adopted children do have a right to inherit from their adoptive parent(s).
Answered on Jul 11th, 2013 at 1:37 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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In Oregon, the adoptive child inherits from the adoptive parents this assumes a fully legal adoption. If she is simply "not mentioned" in a will made after the adoption, then she has an argument that she is entitled to a share, as she was simply forgotten. The answer is to name all of your children in the will, including the adoptive child, and say specifically that you intentionally make no provision for the adoptive child. Do not leave a dollar it is unnecessary, and it makes the child a devisee with rights in the estate. Try to find contact information for the child now, as your personal representative will have to send her notice of the probate, and might have to hire an heir search firm to do so. If you do not have contact information, leave as much information as you have Social Security number, adoption records, schools the child attended, old addresses where the PR knows where to find it. That will make the heir search easier.
Answered on Jul 11th, 2013 at 1:27 PM
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If she is not named in the will, she could claim she was unintentionally omitted and gain a share. You should name her and leave her a little something if possible to help reduce the changes of a contest on her part.
Answered on Jul 11th, 2013 at 12:52 PM