Inheritance rights for adopted grandchildren

[Anonymous]

My new: Adopted kids definitely should be in the will with all other grandkids. (I can't imagine how hurtful that would be if that isn't the case.)

Stepkids, no, unless specifically designated.

I guess where it could get tricky is if someone remarries then adopts the spouses kids at some point.

[Anonymous]

It's a crappy thing to do, but there's no legal prohibition.

FWIW, I wasn't personally included in the Wills of any of my grandparents; things were just left to my parents (I was still young when my last grandparent died). So presumably if the parents have any share they can distribute to the omitted child to lessen any hurt.

[Anonymous]

What are the options? From whose perspective? The perspective of the grandparent or of the adopted grandchild?

The grandparent can include language in their will or trust excluding adopted grandchildren from inheriting (assuming any grandchildren inherit per the terms at all -- if everything is left to PETA, or the NRA, or whatever, this doesn't need to be addressed).

As far as the adopted grandchild (or anyone acting on their behalf) goes -- they don't really have options. Not legal ones anyway. Adopted grandchildren don't have any right to inherit because grandchildren in general don't have any right to inherit. As far as I know the only right to inherit statutes out there that apply to the estates of persons who do not pass intestate address the rights of a spouse, or the rights of minor children. And those rights are going to vary a great deal, if they exist at all, from state to state.

There isn't something derivative of primoginture or something that applies to adopted grandkids.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Is grandparent in the US? Only Louisiana has limited forced heirship. So if in any other state he can disinherit the adopted grandchild without any restriction. Sounds like an awful choice but there you go.

"Disinherit"?

With no forced heirship, as you put it, there is no need to 'disinherit." To disinherit you initiate a legal proceeding to subvert forced heirship. This is the US in 2024. People aren't disinheriting grandchildren, adopted or not. You just don't give them anything in the will or trust.

Sorry your confused, Walter

Disinherit is a transitive verb meaning to prevent deliberately from inheriting something (as by making a will)

Forced heirship isn’t “how I put it,” it’s the appropriate language for discussing forced heirs (how they’re referred to in the literal statute) in Louisiana as well as the way Americans speaking English discuss the much stricter and nearly ubiquitous inheritance rules in Europe.

I left you some sources to help you understand. Catch you on the flip side!

https://www.merriam-webster.com/dictionary/disinherit

https://legis.la.gov/legis/Law.aspx?d=108811

https://louisianasuccessions.com/Topics/Louisiana-Forced-Heirship

https://epj.us/article/17745.pdf

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Is grandparent in the US? Only Louisiana has limited forced heirship. So if in any other state he can disinherit the adopted grandchild without any restriction. Sounds like an awful choice but there you go.

"Disinherit"?

With no forced heirship, as you put it, there is no need to 'disinherit." To disinherit you initiate a legal proceeding to subvert forced heirship. This is the US in 2024. People aren't disinheriting grandchildren, adopted or not. You just don't give them anything in the will or trust.

Sorry your confused, Walter

Disinherit is a transitive verb meaning to prevent deliberately from inheriting something (as by making a will)

Forced heirship isn’t “how I put it,” it’s the appropriate language for discussing forced heirs (how they’re referred to in the literal statute) in Louisiana as well as the way Americans speaking English discuss the much stricter and nearly ubiquitous inheritance rules in Europe.

I left you some sources to help you understand. Catch you on the flip side!

https://www.merriam-webster.com/dictionary/disinherit

https://legis.la.gov/legis/Law.aspx?d=108811

https://louisianasuccessions.com/Topics/Louisiana-Forced-Heirship

https://epj.us/article/17745.pdf

FFS, OP did not mention living in Europe, nor did they mention living in Louisiana. And I actually went to law school in Louisiana, so I didn't need your sad Googling.

OP, if you are in Louisiana, get a trusts and estates lawyer, whether your interest is in disinheriting the grandchild or preventing such disinheritance. Actually, if you are anywhere and this concerned about this, just see a lawyer.

[Anonymous]

How sad. I have no idea, but it's such poor judgment.

[Anonymous]

I got married four years ago to a man with three young children and now we have one together. My parents provide annual gifts to all four children and treat them like their grandchildren. Their will doesn’t include any grandchildren, just their own children. My will includes all four children. If my stepchildren were young adults it could well be different.

[Anonymous]

Anonymous wrote:I had a grandparent create a trust with a blood descendent clause. I honestly think it was the lawyer’s failure but thank god, they were able to amend it just before they died when their first adopted grandchild was adopted. The big takeaway for me was that it’s best to write broad latitude for your descendants. It makes no sense to try to control things after you’re dead. You’re dead. You don’t care, and you can’t help when the thing you didn’t think of inevitably happens.

Blood descendant clauses treat adopted kids and biological kids the same.

Lineal Descendant is a child, grandchild, great grandchild, down the line and shall include lineal descendants by birth or legal adoption of a minor child. This type of “bloodline” isn't to be taken literally because it includes all of the decedents children, biological or adopted.

These trusts, like GST, are made to keep the money from getting into the hands of divorced wives or husbands, creditors or anyone else not entitled to the money.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Is grandparent in the US? Only Louisiana has limited forced heirship. So if in any other state he can disinherit the adopted grandchild without any restriction. Sounds like an awful choice but there you go.

"Disinherit"?

With no forced heirship, as you put it, there is no need to 'disinherit." To disinherit you initiate a legal proceeding to subvert forced heirship. This is the US in 2024. People aren't disinheriting grandchildren, adopted or not. You just don't give them anything in the will or trust.

That’s not true for people with large estates. Why would they not give their grandchildren anything? A generation skipping trust would have large amounts of cash put into separate trusts for grandchildren for estate tax purposes. Some will give the money to the grandchild outright, some will have it in trust for the child’s lifetime.

For a basic Will usually the money is left to his child but if his child predeceases him that share would go to his child’s issue.

I wrote this really clumsily but it’s not really that simple for everyone.

[Anonymous]

Anonymous wrote:I got married four years ago to a man with three young children and now we have one together. My parents provide annual gifts to all four children and treat them like their grandchildren. Their will doesn’t include any grandchildren, just their own children. My will includes all four children. If my stepchildren were young adults it could well be different.

What happened to the biological mother and her side of the family? You may think this is fine now but down the line it may cause issues. Three children have 6 grandparents if all are still alive (4 biological plus your 2 parents), and one child has only 4. When your stepchildren are teens they may not see you in the same way if their biological mother is around. You may suddenly decide to divorce. If you suddenly die your biological child only gets 1/4 of your estate.

It would be much different if you have legally adopted the three children. Your parents should be putting the money they gift away in a trust. If you stay married and stay involved in your stepchildren's lives then when they are adults they can have the money, but right now it seem pretty messed up that you are sacrificing your only child's financial future for kids that may not be in your life later on since there is at least a 1/3 chance you aren't married to the stepchildren's father in a few years. I would imagine your siblings are actually not so happy your parens are giving annual gifts to the three kids because the cousins could have ended up with more money.

[Anonymous]

Is this adopted grandchild now an adult? Are they living a life you don't support?

Are they an older teen adopted by your child later in life due to a blended family situation? Do you not know them?

I can see a few situations where adopted grandchildren might be treated differently than non adopted. Not specifically due to the fact they are adopted but the cirumstances and current relationships.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:So rude but it’s their choice. I knew of a parent who wrote a stipulation that grand heirs are related by blood, or adopted, AND in full custody of heir for at least 10 years before 18th birthday.
Ruled out stepchildren, and any shared custody situations.

That seems reasonable.

A kid us denied because the parents divorced and shared custody? Can you imagine having to decide to give up custody or deny your child's inheritance... terrible.

They wouldn’t know unless the parent told them ahead of time.

Unless they talk to their cousins

[Anonymous]

Anonymous wrote:So rude but it’s their choice. I knew of a parent who wrote a stipulation that grand heirs are related by blood, or adopted, AND in full custody of heir for at least 10 years before 18th birthday.
Ruled out stepchildren, and any shared custody situations.

I love this bcs od the step children. Why should step grandchildren inherit anything? They have their own grandparents.

[Anonymous]

Anonymous wrote:My new: Adopted kids definitely should be in the will with all other grandkids. (I can't imagine how hurtful that would be if that isn't the case.)

Stepkids, no, unless specifically designated.

I guess where it could get tricky is if someone remarries then adopts the spouses kids at some point.

Why would that be tricky? They are now adopted kids.

[Anonymous]

OP make sure you go full Joan Crawford so the reading of the will will be super dramatic:

"And to my adopted granddaughter Jaydyn, I leave nothing. For reasons that are well known to her."