Can I disinherit an adopted child?

Estating Planning During Coronavirus Estating Planning During Coronavirus

Protect yourself, your family, and your finances during the coronavirus outbreak by preparing an estate plan. With COVID-19 upon us, learn how you can create a will, living will, and other essential documents from the safety of your home.

Question:

Is it legal for adoptive parents to disinherit their adopted children?

Answer:

Adopted children are treated the same as biological children for purposes of the inheritance laws. Under these laws, any child -- adopted or biological -- may be disinherited as long as it's clear in the disinheriting parent's will that such is his or her intent. Otherwise, the child may qualify as an overlooked heir (called "pretermitted" in legal jargon) who might be able to claim a portion of the parent's estate after death. The key is to be clear about your wishes during life -- and put them in writing.

Learn more about Inheritance Rights.

Talk to a Lawyer

Need a lawyer? Start here.

How it Works

  1. Briefly tell us about your case
  2. Provide your contact information
  3. Choose attorneys to contact you

Ready to create your estate plan?

Get Professional Help

Talk to an Estate Planning attorney.

How It Works

  1. Briefly tell us about your case
  2. Provide your contact information
  3. Choose attorneys to contact you