Can a mature adopted daughter be taken out of a parents will? She has gone to prison for selling drugs and?

Still Me

This has NOTHING to do with adoption.

This is a legal question about wills. Anyone can revise their will anyway they want to.

jenn_smithson

A will is completely and utterly at the discretion of the person or people who the things belong to. If they no longer want to leave anything to her in their will, they do not have to do so. If they wish to leave something to the grandchildren, they may do so and then provide someone other than the mother to oversee their portion of the estate until they come of age (and they can select whichever age they feel is appropriate, it does not have to be 18 or 21 - my parents set my brother's at 35 because he is still irresponsible at 20). They can also set up trusts for the grandchildren for education and other expenses and appoint someone else to oversee those as well so that the mother cannot get her hands on it.

If she has been written into a previous copy of the will, the parents can take her out of it by changing the will themselves or with their attorney. They don't have to leave her one thin red dime if they don't want to.

Best of luck!
Peace,
Jenn

Celestiel Queen

Any body can change their will at any time and write anyone in or out of it as they see fit. It is after all the indeviduals choice where their assets go after they die.LEAVE IT TO THE KIDS IN A TRUST FUND.

dragonfly9151974

I don't know what her being adopted has to do with this question. Would you be considering this if she was your biological child? If not, than maybe your failure to treat her the same way as your biological children is part of her problem.

You can not only specify what goes to whom regardless of relationship status. You can determine what can and cannot be done with what they inherit. For example, you can leave a child $100,000 and specify that it must be used for the cost of college or that it must be put into trust until they are 35. You could also leave everything to a household pet or to your favorite charity.

If you go to most countries many older estates still have entrails which required that estates never be sold and that they pass to the closest male relative when the current owner dies. So basically, you can pretty much decide exactly what you want done with your estate after you die.

Gershom

why would you take someone out of the will because they are struggling in life? It seems like she really needs some help and someone to listen to, to help her get her life back in line and together again, not to be rejected by her adoptive parents, after an initial rejection by her biological parents. Try giving her some acceptance, some love, maybe help her find her first parents reunion can do amazing things to people, give them a purpose, a sense of self, a sense of belonging, a foundation, maybe it would help her clean up.

mommy_2_liam

Sure...just go and re-write your will...and write her out of it...make sure that she gets at least a dollar...then she can't contest it ans say she was gioven nothing.

Amie

Yes, any person can be written out of a will. Just make sure all copies of the previous will are destroyed.

Also, make sure there is a will. I'm not 100% clear on the TX law, but most states recognize "adoptive" children as regular children. Therefore, if the parents don't have a will, their property will probably pass intestate to the adoptive daughter.

I also suggest looking into the placement of the children under 13 if these parent's pass away. You want to make sure they are protected and don't end up in the care of the state.

You can disinherit adopted children in Texas the same as you can biological children

Smoky Joe

Yes, you should be able to. You just have to contact your lawyer and ask to rewrite your will. JUst im sure that the daughter wont be happy.

Nikkie2

In Virginia, the law states that you must mention their name and declare that they receive nothing. Texas may be like other states that requires them to leave a minimum of $1 so that they can not contest the will. Check with a local law firm (preferably the one that made the 1st will) and they will be able to tell you how Texas law works in this situation.

RED

Yes, you are in charge of your will, therefore if you want to remove someone from your will , you can do this. 1st. did a lawyer help you with your will? 2nd. go back to the lawyer tell him what you want to do, he will handle the rest. If you did the will yourself then you can make the adjustment, and make sure you have 2 witness not relative to you,have them witness, date and sign it. make sure it is someone you can trust. Hope this is of some help.

Mrs B

Don't you think that she is hurt somewhere, may be you need to help her find her birth parents, it might help you know

LadyCatherine

regardless of age and or how that child might have acted a person can take or put anyone in their will that they want..

jackie

Must be nice to have never made any mistakes and been the perfect parent, spouse, sibling and worker.. you are an amazing person apparently and we should all bow down...geesh if it's not your will, which by the speech used seems not to be, then you should just quit being so self centered and unforgiving, I hope nothing unforeseen happens to you and you never make a mistake....

kristen_who

Anyone can be taken out or put into a will. If someone doesn't want their children in their will, then they don't have to be. There are no laws requiring parents to put children in their will at all. You have sole discretion on whom you want in you will, period. I hope this helps!

Sassy Momma of 7

Parents have no obligation to give their children, natural or adopted, anything upon the death of the parents. Parents must acknowledge in their Will all their children by name and date of birth, and if they do not want a particular child to inherit anything they just put "and to our daughter, Mary Contrary, we leave nothing". Frequently the Testator/Testatrix (maker of the Will) will give a reason for disinheriting a child, but not always.

Also, a good paragraph/line to have your attorney put in the Will is: "If anyone contests this Will, I give, devise and bequeath the sum of ONE DOLLAR ($1.00) and no more." That way, if the daughter contests the Will to get "her share", she only gets $1.00!

blkmiss

I think it's cruel to do this to her. At least give her something!!! Give her $100 bill maybe she'll appreciate that. I think it's CRUEL to treat children differently. It sounds like the adoptive parents deserve whatever hell she's brought into their lives.

BPD Wife

Interesting. When an adoption is finalized, you accept the child as though they are blood - meaning that they are entitled to all inheritance, etc. However, I would think that you could write an adoptive child out of a will just as you would a bio child. I would just make sure that you speak with an attorney and document the reasons you are doing it so that she doesn't try to fight it later saying that it was only because she was adopted.

Good luck.

Kelly L

How many times was she reminded she was adoptive during her life??? I have a huge problem with that; I loss a son to adoption; and if he was constantly reminded he was adoptive; I will have major issues. This young lady; needed therapy!

Hmm; as parents we love our children unconditionally. I see here; people have a problem the children; have two different fathers; hmm; that is harsh. Since most of us in this society; have been through a divorce; and have children from both marriages!! My children; have different fathers; I do not feel ashame of that fact.

Ok; so no I do not feel you cut a child out of a will. Because; then you never loved her unconditionally. That is a not a parent's love. Do you undersatnd drug addictions? I sure do. Do you understand adoption loss? Yet again I do. No; I do not have a drug problem; but my father did. And; drug addictions are an illness. Would you cut her out of the will; if she was ill with a medical condition?

KellyDcash@aol.com

Doodlestuff

Get a lawyer to find out what you can do in a will in your state to protect the estate. Do not leave your daughter out of the will. When she was adopted, she became your daughter. However, you can make it into a trust which restricts her access and still supports the children.

Seems to me that the adoptive parents have some roll in this if they still consider their daughter 'adopted.' At what point does she stop being a second class child? Believe it or not, sometimes people grow up.

Margie Duffey

my husband of eight yrs is very controlling and I dont know how long I can handle it Im 73 yrs old he is 74. He has a will I do not. He is leaving his farm of 230 acres to two adopted childrenand one biological daughter . One son out of those three. I told him in the begging I dont begrudge his children of what is coming to them But the think is he has bought a lot of equipment since we have been married and hes telling me his kids are paying for it therefore they will get everything on the farm. Tractor, trucks, etc. We bouthg a home in 1003 with very little down. NOw he says that If I were to move from here which I may cause its far from everything my kids. I would have to give half of what I make on the house to his kids. That wouldnt leave me enought to buy another house. Couldl you pleas e advise me in what I should do. I spend my whole SS check on things in the house so icant save anything. I pay utilities and things for the car which is in his name, Oh so many things \ PLeasd advise Sincerely Margie Duffey

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