Adopted Children & Step Children: How They Are Integrated Your Will

The state of Florida relies on a multitude of laws and regulations. Some of these laws and regulations govern the ways in which adopted children and step children can be/will be integrated into your will.

Going over how adopted children and step children are integrated into your will, and speaking with a Florida estate planning lawyer, will make it easier for you to develop a will that satisfies your estate planning goals.

How Are Adopted Children Integrated Into Your Will?

If you have adopted your children, your adopted children will be treated in the same manner as your biological children. This means the standard estate planning rules for biological children will apply to your adopted children.

Just as an example, if you have two biological children, and you die without a will or any other surviving descendants, then those two children would each inherit half of your estate.

On the other hand, if the same situation outlined above occurs, but you have two adopted children, instead of two biological children, the same thing would happen: your two adopted children would each inherit half of your estate.

Outside of what has been clarified above, there is one thing to note: if you adopt a child, that child will no longer be entitled, in any way, to any part of their biological parents estate.

Even though the above is true, their biological parents can still give your adopted children certain assets, as long as they allocate those assets to them within their will.

How Are Step Children Integrated Into Your Will?

If you have step children – they are your husband’s kids, for example, but not yours, biologically – then they will not be treated in the same manner as your biological children or adopted children.

A good example of this is as follows: you have two step children but, when you pass away, you don’t have a will, meaning that they do not receive anything.

In order for your step children to be a part of your will, you must legally adopt them. Or, alternatively, you can add them to your will, and allocate specific assets to them, which can be easier than legal adoption.

Regarding the latter point, if you do legally adopt your step children, they will no longer be legally entitled to any of the assets that belong to their biological parents. They can still receive them, but only if they’re added to the will.

What If You Don’t Want To Give Your Children Anything?

If you don’t want to give your children – biological, adopted, or step children – any of your assets, you can make a will that clarifies this wish.

By doing so, you can allocate your assets to certain individuals, without giving your children any of the assets that comprise your estate.

Even though the above often works very well, your will could still be contested. If a will contest is successful, your children may still receive certain assets.

Speak With A Florida Estate Planning Lawyer Today 

If you would like to develop a will that satisfies all of your estate planning goals, you must obtain legal help in order to do so.

Speak with a Florida estate planning lawyer at Millhorn Elder Law Planning Group today and we will help you develop a will that integrates your adopted children/step children.

 Sources: 

law.cornell.edu/wex/will

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/0732.html