Writing Adopted Children Into a Will
Specifying Legal Guardians and Inheritances for Adoptees
Oct 28, 2009
As legally adopted children are considered part of the adoptive parent’s lineage, writing adopted children into a will is basically the same as including biological children in a will. Adoptive parents and in some cases birthparents, however, do need to clearly specify in their will any special considerations they would like to have in place for the adopted child. Each situation is different, but two common areas that require specific consideration are choosing legal guardians and setting up an inheritance.
Who Can be Legal Guardians for an Adopted Child?
In most cases, adoptive families choose family members or friends as guardians for their children. Aside from knowing the adoptive family well, there are several issues that need to be considered in selecting a guardian for an adopted child. Generally speaking, guardians of adopted children need to:
- Respect any existing relationships the child has with members of the birth family, regardless of their own views on open adoption.
- Be able to adequately meet the physical, emotional, social and developmental needs of the child.
- Have access to the health and community supports the child needs.
- Be willing to make major life changes such as moving to a culturally diverse community or leaving a career to meet the needs of the adopted child.
It is important to note that even if no guardians have been chosen for a child, the adoptee will not go back to her birthparents. In this case, the laws of the state or province will outline the procedure for securing appropriate guardians for the adoptee.
How Do Adoptive Parents Set-up an Inheritance for an Adopted Child?
The most straightforward process for leaving an inheritance for an adopted child is for the adoptive parents to set up a trust fund for the adoptee to cover living expenses, post-secondary education and special needs. This trust can be managed by either the specified guardians or other representative until the child reaches a certain age.
It is also a good idea to specify in the will if there will be funds set aside to assist the guardians with home renovations, moving expenses or unforeseen costs to accommodate the adopted child. It is advised that adoptive parents consult an attorney when making decisions about finances to ensure that all plans are legal and are for the benefit of the adoptee.
Can an Adoptee Receive an Inheritance From Birthparents?
Although birthparents cannot specify guardians for a child they have relinquished and whose adoptive parents have died, they can leave an inheritance for the adoptee upon their own death. Adoptees generally do not automatically receive an inheritance from their birthparents unless they are written into the will or a parent-child relationship can be shown between the adoptee and the birthparents.
However, if the child is legally adopted because her birthparents have died, she is legally entitled to receive an inheritance from the estate of her birthparents. Birth grandparents who want to leave property or money to a child who has been relinquished also need to ensure their wishes are specified in a will.
By adoptive and birth parents being specific and clear in their wills around the wishes they have for their children, a legal plan is in place to ensure the future well-being of their family.
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