FAQs: Is My Adopted Child My Legal Heir?

  • Estate Planning
FAQs: Is My Adopted Child My Legal Heir? | Mario Godoy | Lombard Estate Planning Lawyer

Your legally adopted children are treated exactly the same as your biological children according to Illinois inheritance laws. Adopted children have the same legal rights to their adoptive parents’ assets as natural or biological children. ‘Adoption” is a legal procedure that creates a new family relationship between adoptive parents and a child who is being adopted. After the completion of the legal adoption process, the adopting parents have the same rights, duties, and responsibilities to the child as the birth-parents would have had.

Illinois provides for the adoption of adult children, provided the adult consents to be adopted. Adoptions in Illinois are regulated by the Illinois Adoption Act.

Adopted Children and Illinois Inheritance Laws
If you die without a will in Illinois, your assets will go to your closest relatives, including your legally adopted children, according to intestate succession laws

Protect Your Adopted Child With An Estate Plan

An up-to-date will is the best way to protect your adopted child. A will is a legally binding document that makes life easier for your family, including any adopted children, after you die by explaining your decisions and legally make sure your wishes are carried out. Many families experience conflict after the death of a loved one, including the beneficiary designations. By creating a will or updating your current will you can protect your adopted child:

• who you want to raise your adopted children

• how you want your assets distributed including any adopted children

• who will manage your financial assets on behalf of your children

• identify any other beneficiaries such as step-children, nieces and nephews, or foster children

When you create a will, you take charge of your estate and choose how your estate will be distributed and who will take care of your minor children. A legally executed will guarantees your wishes are respected, and your children will be cared for by a guardian you trust.

Making a will to protect your children doesn’t have to be difficult. An experienced estate and probate lawyer can guide you through the process so nothing is overlooked, and you can be sure that your will complies with Illinois probate laws. To talk to a probate, trust and estates attorney. Contact the Estate & Probate Legal Group at (630) 382-8063.