Adopted Child

By: Martin M. Shenkman, CPA, MBA, JD

If a child is adopted, does that adoption have the child included as an heir under a will or trust? The issue can raise a host of complexities and problems. Is a child that is born from frozen sperm or eggs considered an heir? What if the child was born after the death of the parent who donated the sperm or egg? If a person is subject of an adoption while an adult, how is that person treated under the terms of a will or trust? As society and family structures become more complex and variable, these issues will continue to grow in importance and there is likely to be considerable litigation in future years over these issues. When you are preparing a will or trust consider taking the time to carefully evaluate and address these concerns.

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