The designations of "blended" family and "non traditional" family almost seem not to apply anymore. According to some statistics, only 19% of families live within a structure of " a married couple with children."
I have written often of the complexity of planning for the 'blended' family, however that does not take into account the breadth of new possible family structures - comprising issues of divorce; single parents; same sex marriages; gender reassignment; stepchildren; adoptions, remarriages (often more than once); foster children, and co habitation.
A single part of this complexity is a situation deemed - equitable adoption.
What is equitable adoption? In a very simplified explanation, an equitable adoption is when there has been no formal adoption procedure. However, the 'parent' by action or promise has 'acted like' a child's parent. (There may be a natural/biological parent in existence.)
The circumstances surrounding the equitable adoption is when an individual has provided welfare, health care, education, safety, in essence they have acted like the parent of a child. (This does not necessarily apply to foster parents who receive compensation for the care of a foster child).
This explanation is a simplified one. Remember, in an equitable adoption there has not been any formal adoption process.
The possibilities of an equitable adoption are complex and need to be taken into consideration when creating estate planning documents.
There are also the considerations of: 'adoption by estoppel'; 'pretermission' statutes (by state), foster children and adult stepchildren.
During the estate planning process, questions are asked by your estate planning attorney that strive to disclose all possible situations and familial relationships that can affect your estate plan and your wishes.
When considering your estate plan be sure to disclose and discuss all possible and potential family relationships with your attorney.
An estate plan is more than planning for the distribution of your assets, it is a document that includes how those who share your life will be taken care of.
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