Anonymous wrote:I know someone who adopted adult kids (they were 18yo and I think 20yo) so I can imagine a few situations where a person might want to exclude a particular adoptee. (In this case, however, no one would have excluded them. The adoptive parent had raised the kids since they were little but a non-custodial bio parent wouldn’t give up rights.) But the problem with writing something that blanket excludes all adoptees is what if your kid adopts a child when you are 95yo and have dementia - a young child who is fully part of the family and you have written in this clause to exclude rebellious Amy who you never liked? I think it would make more sense to just exclude rebellious Amy from your will … but honestly, you will be causing your child (the parent) a problem by treating his or her kids differently.
I know someone who adopted adult kids (they were 18yo and I think 20yo) so I can imagine a few situations where a person might want to exclude a particular adoptee. (In this case, however, no one would have excluded them. The adoptive parent had raised the kids since they were little but a non-custodial bio parent wouldn’t give up rights.) But the problem with writing something that blanket excludes all adoptees is what if your kid adopts a child when you are 95yo and have dementia - a young child who is fully part of the family and you have written in this clause to exclude rebellious Amy who you never liked? I think it would make more sense to just exclude rebellious Amy from your will … but honestly, you will be causing your child (the parent) a problem by treating his or her kids differently.
Anonymous wrote: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 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.
Anonymous wrote: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 wrote: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."
Anonymous wrote:What are the options when a grandparent does not want to include an adopted child in their will?