I have nine grandchildren. Four are adopted and five are biological. Can I use per stirpes in my will? I want all of them to be treated equally. My two daughters (their mothers) are alive and well and have husbands. I live in South Carolina.
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.
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