Is it important to update a Will after adopting a child?
Yes! Adopting a child is a life-changing event for both you and your child. It is important to make sure that your legal documents reflect your new family dynamic. A Will is one of the most important documents to update after adopting as it outlines how you want your assets and property to be distributed after you pass away. It also allows you to appoint a guardian for your minor children.
Why Write a Will After Adoption?
When you adopt a child, they become a legal member of your family and are entitled to the same rights and protections as biological children. This includes the right to inherit from your estate. If your Will does not specify all your descendants inherit, and there is no language including your adopted child, they may not be entitled to inherit from your estate without contesting the Will. Your goal is to have a clear Will stating who you want to inherit to avoid conflict and confusion for your loved ones after your passing.
Remember after you pass away, state laws, not your wishes determine who inherits.
Updating your Will also allows you to appoint a guardian for your adopted child in the event that something happens to you and your partner. It allows you to ensure that your child will be taken care of by someone you trust and who shares your values. Your guardian can then apply for custody and use your Will as evidence to show the court your intentions. Should multiple parties want custody, the Will can provide clarity as to who you want to take care of your child.
What is the Process to Update a Will?
The process of updating your Will is relatively simple. Each family is unique which is the reason I always recommend speaking with an attorney. They will help you update your Will to include your adopted child and make sure that it complies with your state laws. Our office can assist with writing a New Jersey Will.
The process of appointing a guardian can be a difficult decision, especially if at first you do not agree with your partner, but it’s crucial to consider as it ensures that your child will be in the care of a person you trust the most, who will raise them in a way you feel would be in their best interest. If no one is named, child protective services such as the Division of Child Protection and Permanency (DCPP, formerly DYFS) will step in. Keep in mind that life ebbs and flows, so if you change your mind about who should be named as a guardian, it is always possible to update a Will.