QUESTION
How best can I exclude adopted (now adult) child from my will?
Asked on Nov 03rd, 2014 on Wills and Probate - Georgia
More details to this question:
Many years ago, in another state, I adopted my now ex-husband's 11 year old son. This boy is now well up in his thirties. We've been estranged for many years with no contact. I was told a few years ago that he had had the adoption nullified. Is that possible? How can I find out? Would it be simpler and better to simply specify in my will that this individual is excluded from an inheritance?
1 ANSWER
4 Awards
I don't know whether it is possible for your adopted son to have had the adoption nullified; that would depend on the law of the applicable state. You might be able to find out by contacting the court which did the adoption, to see if there were any subsequent proceeding and if you can obtain the records. However, even if the adoption has been nullified, ideally you should have your estate planning crafted so that he is specifically excluded, along with any descendants of his (assuming that would be consistent with your intent). When you are working with your estate planning attorney, be very sure to tell the attorney about this situation and your intent with regard to the adopted son. It's unfortunately not uncommon for this kind of adoption to go sour, as yours has, and most experienced estate planning attorneys likely have had to help clients address the situation more than once.
Answered on Nov 04th, 2014 at 5:28 AM
This answer is being provided as general information and not as legal advice. No attorney-client relationship is created by this answer.