How do I update my will and how do I appoint a trustee for my adopted son?
I have listed 3 children as my heirs, but I think it should be more specific since they are not blood relatives. I have two stepchildren from a 35-year marriage and one adopted son. My husband passed 10/22/2023.
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Hello and welcome! I’m sorry you’re dealing with this—estate planning can feel overwhelming. If you refer to beneficiaries by name in your will and specify what they receive, their legal or biological relationship to you doesn't matter. You can leave assets to anyone (UPC §2-701).
Relationship only matters if your will uses a general term like “my children”—that would include only biological or adopted children, not stepchildren. As long as you list everyone by their names, you're fine.
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I have listed 3 children as my heirs, but I think it should be more specific since they are not blood relatives. I have two stepchildren from a 35-year marriage and one adopted son. My husband passed 10/22/2023.
I’m sorry to hear about your husband’s passing; that must be a difficult time for you. Do you currently have a will or estate plan that outlines how your assets should be distributed?
I have a very old will that doesn’t include our adopted son.
Have you discussed your intentions with your stepchildren and your adopted son?
My stepchildren know I will leave them 1/3 of my estate.
Is there anything else the lawyer should know before I connect you?
My adopted son is 27 years old, but on the spectrum. I may need to appoint a trustee to manage his share.
Hello and welcome! I’m sorry you’re dealing with this—estate planning can feel overwhelming. If you refer to beneficiaries by name in your will and specify what they receive, their legal or biological relationship to you doesn't matter. You can leave assets to anyone (UPC §2-701).
Relationship only matters if your will uses a general term like “my children”—that would include only biological or adopted children, not stepchildren. As long as you list everyone by their names, you're fine.
Perfect, thanks.
You’re very welcome. I hope I was able to help! Take care!
Attorney Matt
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