Adopt late cousin's adult son

What is the name of your state?MN
My cousin past away when his son was 1 1/2 years old. His son's name is
Joe. Joe's mother past away when he was 2. Joe was raised by an uncle and aunt on his mother's side. Joe has no memory of his parents. Before his mother died, she made the aunt and uncle Joe's legal guardians. He is now 19 years old and living in South Dakota where he was raised. My wife and I along with our son and Joe would like to be a family of 4. Do we need anything from the aunt and uncle to do this even though he is an adult? What do we need to do otherwise?

10000lakes said:

What is the name of your state?MN
My cousin past away when his son was 1 1/2 years old. His son's name is
Joe. Joe's mother past away when he was 2. Joe was raised by an uncle and aunt on his mother's side. Joe has no memory of his parents. Before his mother died, she made the aunt and uncle Joe's legal guardians. He is now 19 years old and living in South Dakota where he was raised. My wife and I along with our son and Joe would like to be a family of 4. Do we need anything from the aunt and uncle to do this even though he is an adult? What do we need to do otherwise?

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If Joe is a legal adult by his state's law...then no, no one's permission is needed for an adult adoption to take place. His and your consent are all that is needed.

While it is true that if he is an adult, you may adopt him, however, you are already family and he is free to live where and with whom he choses, unless he is conserved, if his guardians are also executors of the estate, that might not change or their control of certain funds.

rmet4nzkx said:

While it is true that if he is an adult, you may adopt him, however, you are already family and he is free to live where and with whom he choses, unless he is conserved, if his guardians are also executors of the estate, that might not change or their control of certain funds.

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Good point...it had not occurred to me that the guardians may have control of assets for Joe. However, if that is the case, and there is concern regarding mismanagement of those assets...then the guardians can be made to account for the funds.

LdiJ said:

Good point...it had not occurred to me that the guardians may have control of assets for Joe. However, if that is the case, and there is concern regarding mismanagement of those assets...then the guardians can be made to account for the funds.

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Agreed, this thread raises the question, Why?

rmet4nzkx said:

Agreed, this thread raises the question, Why?

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I have actually known a dozen or so people who have done adult adoptions...for a myriad of reasons...therefore the "why" raises fewer flags with me than it might with others. However...the "why" is very legitimate question.

In a few cases the reasons were as simple as wanting a permanent, legal, relationship....more solid that what the blood relationship allowed. Truly "sentiment".

In a few other cases it was a "protection" issue. The adult adoptee truly had strong ties to the adoptive parent...and didn't want the bio's or guardians to be in control if they were incapacitated.

In a few other cases it was to reunite a former parent/child relationship.

However, in all of these cases, the adult adoptee was definitely older than Joe....so in Joe's case it could be something as simple as Joe wanting to truly belong and feel part of a family....if he didn't get that from his guardians....or the "why" could be really significant.

Joe had a difficult upbringing. His uncle was abusive. His cousins got more attention and love than he did and he felt different since he was merely a nephew. He had no one to call Mom and Dad. We told him that we want to include him in our Family and recieve everything a son would from loving parents. He's never heard that.
As far as the estate, he still has no idea what it consists of. He doesn't feel comfortable asking his uncle or aunt. I wouldn't hesitate. Apparently, though, their lifestyle improved greatly after Joe became their ward. Which poses another question, wouldn't the estate become his when he reached 18?
Thanks!

10000lakes said:

Joe had a difficult upbringing. His uncle was abusive. His cousins got more attention and love than he did and he felt different since he was merely a nephew. He had no one to call Mom and Dad. We told him that we want to include him in our Family and recieve everything a son would from loving parents. He's never heard that.
As far as the estate, he still has no idea what it consists of. He doesn't feel comfortable asking his uncle or aunt. I wouldn't hesitate. Apparently, though, their lifestyle improved greatly after Joe became their ward. Which poses another question, wouldn't the estate become his when he reached 18?
Thanks!

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It would depend on the terms of his mother's will....and whether or not there was anything left.