Illinois law treats legally adopted children the same as biological children. You are not required to leave your assets to all or any of your children, whether they are adopted or biological children. However, If you die without a will in Illinois, your assets will be transferred according to the state’s intestate succession laws. Who inherits what will depend on whether or not you have a living spouse, children, parents, or other close relatives when you die. Intestacy laws divide a person’s property based on the family relationships that are in existence at the time of their death.
WATCH: Estate Planning Attorney Mario Godou Explains If An Adopted Child Will Inherit Your Assets
In this video, we are going to answer the question “Can an adopted child inherit my possessions?”
After the completion of the legal adoption process, the adoptive parents have the same rights and responsibilities to that child as if they had birthed the child themselves. Under Illinois inheritance laws, your legally adopted children have the same treatment as your biological children according to Illinois inheritance laws. However, just as with any dependent biological children, it still makes sense to do some estate planning.
However, just as with dependent biological children it still makes sense to do some estate planning. An up-to-date will allows you to protect your adopted child by expressing:
• who you want to raise your adopted children if you weren’t there
• how you want your assets distributed including any to your adopted children
• who will manage your financial assets on behalf of your children
If you want any help with an estate plan please call our office for a consultation.
Legacy Planning Lawyer in DuPage County
An estate planning attorney who has experience with protecting your legacy can advise you on the best options to protect your children’s inheritance and your legacy. To talk to an estate planning attorney contact the Estate & Probate Legal Group at 630-864-5835. The Estate and Probate Legal Group serves Cook, Dupage, Kane, Lake, and Will counties.