Many Georgia Wills and Trusts leave assets to “my children.” But who exactly qualifies as “children” under Georgia law? The answer is not always as simple as it sounds.
An Adopted Child’s Inheritance Rights in Georgia
In Georgia, once a child is legally adopted, they are treated the same as a biological child for inheritance purposes. However, if the adoption was never finalized, the child may be excluded from inheriting. Georgia law also recognizes “virtual adoption,” which can apply after death if there was a clear agreement to adopt and the relationship functioned as parent and child.
A Foster Child’s Inheritance Rights in Georgia
In Georgia, foster children do not inherit from their foster parents unless a foster child is legally adopted.
A Stepchild’s Inheritance Rights in Georgia
In Georgia, a stepchild who was never legally adopted has no legal right to inherit from a stepparent. A Will leaving assets to “my children” will not cover stepchildren unless adoption occurs or the Will is drafted to include stepchildren.
A Child Born Out of Wedlock’s Inheritance Rights in Georgia
Children born outside of marriage inherit from their mother under Georgia law. For inheritance from a father, Georgia law requires one of the following: a court order establishing paternity, the father’s signature on the birth certificate, an acknowledgment of the relationship, or clear and convincing evidence of fatherhood.
Why Careful Wording in Your Georgia Estate Plan Matters
Every word of an estate plan matters. If “my children” is not clearly defined, disputes and litigation can arise, causing lasting damage to family relationships. Tailoring your estate plan to your unique family situation is crucial to ensure your wishes are honored.
Speak With an Experienced Atlanta Estate Planning Attorney
At Thrift McLemore, we work with families across Atlanta and throughout Georgia to draft clear, customized Wills and Trusts. We ensure your estate plan reflects your intentions and prevents confusion about who should inherit. To speak with an Atlanta Wills attorney at Thrift McLemore, call us at 678-882-0830.
