Can you disinherit adopted children?

Question:

Can you disinherit adopted children?

Best Answer - Chosen by Asker: People use the word "disinherit" to mean different things. If you are asking whether or not you have to leave any of your estate to an adopted child, the answer depends on whether the child is a minor. If so, most states require that you make some provision for the care of your children, so you could not _completely_ disinherit any child, adopted or natural. But there are all kinds of exceptions. If the child will be cared for by your spouse, for example, you do not have to make any bequest to the child itself. If the child is a movie star or something and is rich, most states will not require he or she inherit any part of your estate. There are others.

But if the child is an adult, he or she is presumed to be responsible for himself, and you do not have to leave the child anything. You can give all your money to charity, or all to one child and nothing to another, or whatever you want.

However, if you are going to do anything that might look odd to an outsider (like not mentioning one a child in your will), it is very important that your will be drafted carefully by an experienced attorney. This is not a case for a do-it-yourself will kit. Your attorney will often suggest that you explain your reasons, if you have any, in writing. Often, it would be included in the will itself.

For example, I helped a man draft a will in which he gave almost everything to one daughter, even though he also had a son and another daughter. His reasons were that he had given a lot of money to the son already, to help him buy a house and get started in business. His other daughter was happily married to a very wealthy man, and didn't need any money. The daughter who was the main beneficiary was a school teacher with a family, and they were struggling a little. He explained his decision, made token bequests to the other two children (to show that he had thought about them specifically, which is important if a will is challenged) and gave essentially his entire estate to the third child. Everything worked out fine, and no one could challenge the will.

Bottom line: yes, you can usually do this if the children are adults, but it has to be done with care or it can be overturned in court. I hope this helps. Good luck!!