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Adoption used as a tool to meet your estate planning goals may be unnecessary and cause complications.

A question about using adoption as a tool to make sure a loved one receives an inheritance was submitted to My San Antonio in “Should adoption be used to ensure an inheritance?“.

If there is a concern that biological children will inherit the entire estate because you do not have a living spouse should you adopt a child that you raised so you would be sure they receive an equal share of your estate?

In that situation adopting the person would most likely work but there may be simpler ways to achieve the goal if you create an estate plan which allows you to give an inheritance to anyone you want. The only restriction is that you cannot cut out your spouse or minor children completely.

On the other hand, adoption can create complications, since it severs the legal relationship between the adopted person and his or her biological family. It could potentially create other legal obligations for you and the other person.

An estate planning person can guide you in creating a plan that will meet your goals.

Reference: My San Antonio (Oct. 13, 2016) “Should adoption be used to ensure an inheritance?

For more information on asset preservation and estate planning, please visit my estate planning website.

Mr. Amoruso concentrates his practice on Elder Law, Comprehensive Estate Planning, Asset Preservation, Estate Administration and Guardianship.