Modern families come in many forms. A household may include biological children, adopted children, stepchildren or children of an unmarried partner. Even though family members may view all of these children equally, inheritance laws often do not.
That distinction can have significant consequences if your estate plan doesn’t clearly reflect your intentions. Whatever your family makeup, knowing how the law treats different parent-child relationships can help prevent unintended results.
Adopted children generally have the same inheritance rights
After an adoption is legally completed, an adopted child generally has the same inheritance rights as a biological child of the adoptive parent. This is particularly important when someone dies without a valid will. Under state intestacy laws, adopted children generally inherit from their adoptive parents just as biological children do.
Similar treatment typically applies to estate planning documents. For example, if a will or trust leaves assets to a person’s “children,” “grandchildren” or “descendants,” those terms will generally include legally adopted children unless the document provides otherwise.
Even so, relying on general terminology may not always be best, particularly in a complicated family. Clearly identifying beneficiaries and periodically reviewing your estate planning documents can reduce uncertainty and the risk of disputes.
Stepchildren usually are treated differently
A close relationship between stepparent and stepchild doesn’t automatically create inheritance rights. In most cases, a stepchild who hasn’t been legally adopted has no automatic right to inherit from a stepparent under intestacy laws.
This can produce an unwelcome surprise. Suppose you’ve helped raise a stepchild for decades and consider that person to be your child. If you die without a will or trust that specifically provides for the stepchild, he or she may receive nothing from your estate.
One option is legal adoption. In most states, even an adult child can be adopted, as long as he or she consents. Another option is to specifically name the stepchild as a beneficiary in your will or trust. Depending on your goals, you may also want to review beneficiary designations on retirement accounts, life insurance policies and other assets that pass outside your will.
Adopting a stepchild can provide important legal rights and formalize an existing family relationship, but consider inheritance issues before proceeding. Depending on state law and the circumstances of the adoption, a stepparent adoption may affect the child’s legal relationship with the other biological parent. In some situations, that could change the child’s intestate inheritance rights involving that parent and members of that side of the family.
Because adoption and inheritance laws vary by state, families should fully understand these consequences before deciding to adopt.
Unmarried couples may need additional planning
Estate planning can become even more important when unmarried partners are raising a child who’s legally related to only one partner, especially while the child is still a minor. Without an adoption or appropriate planning, the other partner likely will have no automatic parental rights and the child will likely have no inheritance rights from that partner.
A so-called “second-parent” adoption may provide a solution. This arrangement may allow an unmarried partner to adopt the other partner’s child without terminating the legal parent’s rights. However, availability and legal consequences vary by jurisdiction.
When adoption isn’t available or desired, other estate planning documents may help address some concerns. For example, the legal parent may be able to name the partner to serve as the child’s legal guardian if the parent dies. Keep in mind that a parent’s guardian nomination isn’t necessarily binding on a court. The ultimate decision generally will be based on applicable state law and the child’s best interests.
Make your intentions unmistakable
Blended and nontraditional families shouldn’t assume inheritance and other laws will produce the results they expect. Your estate plan should clearly identify the people you want to protect and explain how you want to distribute your assets. If your family includes adopted children, stepchildren or a long-term partner’s children, contact us. We can review your estate planning documents to ensure they reflect both your family relationships and your intentions.
Theus Law Offices specializes in a complete range of estate planning and elder law services, including wills, trusts, probate, successions, estate administration, and probate litigation. If you need a Louisiana wills and trusts lawyer or succession attorney in Alexandria, Lafayette, Lake Charles, Baton Rouge, New Orleans, Shreveport, Monroe, or elsewhere in Central Louisiana, let our certified estate planning specialist and probate lawyers help you.
