There are a number of estate planning tools that can be utilized to include stepchildren in an inheritance. The easiest way to leave gifts to stepchildren may be to name them in a Will. As with any other gift, they can be given a percentage of the estate, or specific gifts. If there are other children involved, it is important to avoid confusion by naming each child and stepchild by using their individual names, rather than terms such as “descendants,” “heirs,” or “children.” A stepchild can also be named as a beneficiary in a life insurance policy or a pay-on-death financial account.

If the objective is to avoid probate, for example, a Revocable Living Trust can be established in which a stepchild is named as a beneficiary. If your stepchild is disabled and eligible for public benefits, it may be necessary to provide for them by establishing a Special Needs Trust.

While there is no legal obligation to leave stepchildren an inheritance, it may be the best choice for those who have a close relationship, or played a significant role, in raising them. However, this will reduce the amount of assets available to other children and beneficiaries. Because blended family relationships are complex and subject to emotional challenges, it is important to explain these decisions to all family members. By engaging in an open and honest dialogue, you can minimize the potential for strife and the possibility of a Will contest. It may be important to clarify why you gave each recipient a gift, the selection of your executor, and your thoughts about the family.

It is always a good idea to engage the services of an estate planning attorney who can help ensure your wishes regarding stepchildren are carried out.

Why would an adult want to be adopted?

There are typically three reasons why adults choose to adopt another adult. Historically, the most common reason has been inheritance. Whether it takes place when the adopted party is a child or an adult, the adoption creates a legally recognized parent-child relationship, enabling the adoptive child to inherit property from the adoptive parents in accordance with state law.

Secondly, adult adoptions can be used to formalize a parent-child relationship. For example, there may have previously existed a stepparent-stepchild, or foster parent-foster child relationship, and the adult parties now wish to formally recognize the relationship.

Finally, adult adoption can help ensure perpetual care for a person of diminished capacity. Formally adopting the adult with special needs may enable him or her to qualify for lifetime care under family insurance, and can help ensure assets pass to the adoptive child.

As with any traditional adoption of a minor child, an adult adoption triggers several significant, legal changes. When the adoption is finalized, the parental relationship with the biological parents is severed, and a new parent-child relationship is created. A new birth certificate will be issued, bearing the adoptive parents’ names, and the adoptive child may change his or her last name to that of the adoptive parents.

In Minnesota, the legal process for an adult adoption is very simple. If you have any questions on adult adoptions, I would be happy to talk to you.