Is an adopted child considered blood line in a will? 12 Answers as of September 23, 2011

If I adopted my wife's son when we got married and I want my funds to follow the blood line, is my son considered "blood line" when I make my will?

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Goldsmith & Guymon
Goldsmith & Guymon | Dara Goldsmith
You should say what you mean when you have a will drafted. Your reference to "bloodline" is the type of wording that results in litigation. It is generally best to have an attorney draft your estate planning documents. We charge $100 for a one hour consultation with an attorney.
Answer Applies to: Nevada
Replied: 9/23/2011
Wiegandt& Doubles
Wiegandt& Doubles | Malcolm Doubles
Without limiting language in the will, adopted children are generally considered children.
Answer Applies to: Virginia
Replied: 9/22/2011
The Law Offices of Laurie E. Ohall, P.A.
The Law Offices of Laurie E. Ohall, P.A. | Laurie E. Ohall
Generally, an adopted child is considered your "descendant" under a Will and the intestacy statute (when you die without a Will). However, you should look at the language in your Will to be sure.
Answer Applies to: Florida
Replied: 9/22/2011
Martinson & Beason, PC
Martinson & Beason, PC | Douglas C Martinson II
Yes, they would be considered an heir and a child for estate purposes.
Answer Applies to: Alabama
Replied: 9/22/2011
Apple Law Firm PLLC
Apple Law Firm PLLC | David Goldman
depends on what you put in the will. By default he would be considered just like your other son.
Answer Applies to: Florida
Replied: 9/22/2011
Harville-Stein Law Offices, LLC
Harville-Stein Law Offices, LLC | Dean D. Stein
In Alabama, an adopted child of yours is considered your child for inheritance. In fact, the "step parent adoption exception" permits the child to inherit from his adopted parent and the natural parent he was adopted from.
Answer Applies to: Alabama
Replied: 9/22/2011
Ashman Law Office
Ashman Law Office | Glen Edward Ashman
Adopted children have identical rights to natural children. With a will, in some but NOT in all situations, you can partially or wholly disinherit a child. Do it out of a form book, or a LegalZoom website and you will probably screw up and create a mess. These type cases require a good lawyer to do specific and proper planning and drafting and may require more than just a will.
Answer Applies to: Georgia
Replied: 9/22/2011
Law Offices of Brian Chew
Law Offices of Brian Chew | Brian Chew
It depends on how the term "issue" is defined in the will. If the definition includes adopted children, then they are considered to your issue. To exclude them, you can define your issues as only your natural born children.
Answer Applies to: California
Replied: 9/22/2011
The Schreiber Law Firm
The Schreiber Law Firm | Jeffrey D. Schreiber
Inheritance rights by blood relatives is usually only an issue if there is no will, as the state statutes governing intestacy (no will) as which blood relatives receives the estate then come into play. In a will, you need to designate who is the heir. I would recommend naming them specifically, and who you name in a will can be a blood relative, some other relative or even a non-person. It is up to you. So name the person or persons you want in the will and what assets you want them to receive.
Answer Applies to: California
Replied: 9/22/2011
Minor, Bandonis and Haggerty, P.C.
Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
If you are making a will, it is best to be clear about such things. Your question, for example, is not clear about how you want things to pass. If you say, "in this will, the term My Children includes: X, Y, and Z," there will be no doubt how you want things to work. Help from a lawyer in estate planning is worth it: if your will is not right, it cannot be fixed after you pass away.
Answer Applies to: Oregon
Replied: 9/22/2011
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