How do I ensure that my adopted grandchildren inherit equally with my biological grandchildren? Can I use per stirpes?
1 attorney answer
What a great question. While drafting wills and estate planning documents consider eliminating the potential for a legal interpretation and providing a clear statement of the class and individual names of these intended to be in the class. While drafting wills for younger couples I discuss leaving open for children born or adopted hereafter. When a class or group should be considered “closed” I prefer drafting documents for my client that clearly define the class with individual names. This also can assist with persons claiming to be an unknown child and attempting to be included in the generally named class.
RESPONSES ARE NOT INTENDED TO BE LEGAL ADVICE. THIS FORUM PROVIDES A LIMITED PRESENTATION OF GENERAL LEGAL PRINCIPLES. NO ATTORNEY-CLIENT RELATIONSHIP OR PRIVILEGE IS BEING CREATED. TO CREATE AN ATTORNEY-CLIENT RELATIONSHIP, DIRECT, CONFIDENTIAL, AND COMPREHENSIVE COMMUNICATION MUST OCCUR.