Family Law Prof Blog

Editor: Margaret Ryznar
Indiana University
Robert H. McKinney School of Law

Wednesday, January 27, 2021

The Impact of Adoption on the Estate Planning

From JD Supra:

Under M.G.L. c. 190B, § 2-114 of the Massachusetts Uniform Probate Code (“MUPC”), an adopted child and the issue of an adopted child are treated as issue of the adopting parent for inheritance purposes. This means that an adopted child (and issue) will typically be treated in the same manner as the biological children (and issue) of the adopting parent. In addition, it is now standard practice in estate planning documents to include a provision stating that the definition of “issue” includes descendants by blood and descendants by adoption.

An issue frequently arises, however, where a stepparent has not formally adopted a stepchild.  Massachusetts does not recognize the concept of “equitable adoption,” which could otherwise result in such a stepchild having certain rights without having been legally adopted. 

When it comes to blended families, the best way to ensure that your intentions are reflected in your estate planning documents is to meet with an experienced estate planning attorney. 

Read more here.

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