Can adoptive parents write their adoptive children out?

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Can adoptive parents write their adoptive children out?

Can adoptive parents write their adoptive children out of their will? I had a falling out with my adoptive parents and we dont speak much. However they do not have any surviving biological children, just me and my brother who they adopted. They have two biological grand children though. I worry because we dont really speak that they will write me and my brother out of their will. I don’t care about money as much as the family heirlooms that I do not want to lose.

Asked on June 24, 2016 under Estate Planning, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Any child, biological or adopted, may be disinherited by their parents. Typically, each state has specific language for doing so that should be included in the Will. For further advice, you can consult directly wirth  probate attorney in the state in which the estate will be probated.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Any child, biological or adopted, may be disinherited by their parents. Typically, each state has specific language for doing so that should be included in the Will. For further advice, you can consult directly wirth  probate attorney in the state in which the estate will be probated.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, any parents, adoptive or biological, can write any children, adopted or biological, out of their wills: the law does NOT require parents to leave money or assets to their children. The law does disfavor disinheriting children, so if the will is ambiguous or unclear, a court might interpret it in a way that lets you inherit; but if the will unequivocally disinherits a child, that is legal and enforceable.


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