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Can an adopted child be taken or kept out of a will?

Asked almost 3 years ago - Denver, CO

Can an adopted child be taken or kept out of a will?
Family drama has placed a 10 year old girl in our family. If we adopt are we obligated to put her in our will - or can we leave her a specific amount only? We have a special needs trust for a severely handicapped son that we had hoped our moneys could go to when we die.
And, how can we protect ourselves and our other children from her biological drug additcted family if we adopt? Rights have been terminated.
Would a permanent managing conservatorship be a better option? We love her and want to raise her but the family drama is nuts!
THANKS!!!!

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Attorney answers (1)

Carolyn Annette Elsey

Reputation Level 15

Answered almost 3 years ago. Family Law Attorney in Sumner, WA.

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When a child is adopted, legally they become like your own biological children. So technically you should be able to handle their inheritance just the same as any other child.

Also, when you do the adoption you can limit what contact the child's biological family would have with her. Of course, you have to consider potential problems for the child with doing so. Because of the termination of parental rights, they have no rights to visitation.

Because of your situation, I strongly recommend that you sit down with an experienced estate planning attorney to make sure your assets are protected and that you follow the law regarding providing for the child. An estate planning attorney could also provide you with better guidance about whether a conservatorship would fit your family's financial needs instead of adoption.

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