Do I have to do anything to exclude child I gave up from adoption from will?

[Sapo]

What is the name of your state?

California

My ex and I have a child that we gave up for adoption at birth. This child was never adopted. She recently got in contact with me and my family. Now that she's getting closer to my family I am worried about potential issues with inheritance when I die. I would like all my money and assets to go to the kids I had with my partner. I just thought I would get an idea here if this would be an issue for my kids. Currently my will has everything split equally between my two kids. They are each named in the will and this girl is not. Would she be able to claim part of my estate? or is it okay to leave my will as is.

 

[quincy]

What is the name of your state?

California

My ex and I have a child that we gave up for adoption at birth. This child was never adopted. She recently got in contact with me and my family. Now that she's getting closer to my family I am worried about potential issues with inheritance when I die. I would like all my money and assets to go to the kids I had with my partner. I just thought I would get an idea here if this would be an issue for my kids. Currently my will has everything split equally between my two kids. They are each named in the will and this girl is not. Would she be able to claim part of my estate? or is it okay to leave my will as is.

You can (and should) add to your will that you knowingly exclude from inheritance any children not specifically mentioned by name in your will.

 

[Zigner]

Actually, you SHOULD speak to an estate planning attorney.

 

[zddoodah]

My ex and I have a child that we gave up for adoption at birth. This child was never adopted.

How old is the child now? When you say that you "gave up [the child] for adoption," does that mean that the child became a ward of the state? Is there a court order that terminated the parent/child relationship?

I am worried about potential issues with inheritance when I die. I would like all my money and assets to go to the kids I had with my partner. I just thought I would get an idea here if this would be an issue for my kids. Currently my will has everything split equally between my two kids. They are each named in the will and this girl is not. Would she be able to claim part of my estate?

Anyone can claim anything. If you want to ensure a particular result, best to have clear language in your will (and any other estate planning documents). Of course, depending on how you answer the questions I asked above, that may not be strictly necessary.

 

[Sapo]

How old is the child now? When you say that you "gave up [the child] for adoption," does that mean that the child became a ward of the state? Is there a court order that terminated the parent/child relationship?




Anyone can claim anything. If you want to ensure a particular result, best to have clear language in your will (and any other estate planning documents). Of course, depending on how you answer the questions I asked above, that may not be strictly necessary.

She's 23 now. I would guess a ward of the state. I'm not actually sure.

I'll just have some clearer wording put in to cover my bases.

 

[LdiJ]

She's 23 now. I would guess a ward of the state. I'm not actually sure.

I'll just have some clearer wording put in to cover my bases.

You need to be sure. Whether or not she is legally your child depends on whether or not your parental rights were ever officially terminated. If an adoption never happened your parental right may never have been officially terminated. You need to know the exact details of the situation surrounding her birth and the non-adoption.

 

[quincy]

Actually, you SHOULD speak to an estate planning attorney.

That of course would be the smartest move, to make sure the wording in the will does exactly what Sapo wants it to do.

 

[zddoodah]

I would guess a ward of the state. I'm not actually sure.

Based on this, I don't think you can assume that the parent/child relationship was legally severed. Therefore, and unless you want to go to the effort of becoming certain, your estate planning documents should contain clear exclusion language.