If I’m drafting a Will, do I need to declare the kids that I am guardian over as children?

We have 2 children; we are also legal guardian over 2 children. All 4 kids are over 18. I was told if I don’t specifically name all my children they would have a right to an inheritance.

Asked on September 30, 2014 under Estate Planning, Utah


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

It sounds a if you may be trying to do this on your own and maybe you should not do that if you have special circumstances in your life.  Generally speaking, you have to know the "object of your bounty" when making out a Will so that is why if you intend on disinheriting a child you should specifically mention them and state that you are leaving them nothing. But the children for whom you are the legal guardian are not legally adopted correct?  Then they are not heirs at law so to speak.  Mentioning them is not a  bad thing or even leaving them something is absolutely your choice.  Good luck. 

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If you want the kids for whom you are their guardian to inherit from your Will, you should name them.  If they are not listed as beneficiaries, they won't inherit anything from your Will unless they successfully contest the Will.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.