For both same-sex and heterosexual couples, regardless of whether the parents are married or unmarried, Indiana estate planning law generally entitles adoptees to the same rights as biological children. Adopted children, even if not specifically named, generally are treated identically to biological children when wills or trusts provide for gifts to a class of persons such as “children,” “grandchildren” or “lineal descendants”, and that holds true even if the child was adopted after the will or trust was executed.
That is not to say there are no challenges when doing estate planning for both married and unmarried same-sex couples, we’ve found at our Geyer Law Indiana estate planning firm. True, once adopted by either a couple or a single individual, a child’s legal ability to inherit is no different from that of a biological child. Even if an adopted child is not mentioned in the will, that child will receive a share of the estate equal to what they would have received if the testator had died without a will.) Still, custody can become an issue with estate assets passed to children of unmarried parents, and families of the person who died may contest the will.
Also, if there are stepchildren who have not been adopted, parents who wish to have those children included in the inheritance need to specify that intent in their estate planning documents. Stepchildren generally don’t have any inheritance rights with respect to their parents’ new spouses unless the spouse legally adopts them.
It’s also important, whenever children are involved – whether natural born, stepchildren, or adoptees – to consider guardianship when creating an estate plan. Where there is more than one minor child, each will need to have a guardian and successor guardian named.
While estate planning is important for all families to ensure that their swishes are carried out, it’s even more critical for adoptive families to ensure their adopted children’s inheritance rights are protected.
– by Rebecca W. Geyer
