Legal Question in Family Law in Montana
Name change vs. Adult Adoption
My husband and I just got married. His stepfather basically raised him, his real father is dead and he has no contact with that family. His stepfather said he would love for us to take his name. But should we do a simple last name change for him, or do we have to go through adoption proceedings? We are in Florida and his family is in Montana. What would be the proper course of action to legally make us all family?
3 Answers from Attorneys
Re: Name change vs. Adult Adoption
the first and foremost question is as to the purpose for which you wish to change your name.
is it simply for the love of your step father or whether he wish to make you his heir?
if the reason is solely for the love, a simple change in the name would be sufficient. and for that purpose, the formalities regarding the change of name only will have to be done.
however, if the reason for the change is to become the legal heir of the step father is concerned, in that case, the procedure of adoption will have to be resorted.
but if you wish to circumvent the lengthy process of adoption, then, u can simply change your name, and your step father may execute a will in your favour, or if desires to transfer the property in your favour in his life time,he may do so by way of simply transfer of property.
Re: Name change vs. Adult Adoption
Stepson can call himself whatever he wants as long as he isn't trying to defraud anyone or evade creditors. However, merely changing his last name will not "legally make us all family."
To �legally make us all family,� Stepfather can petition the district court for an order of adoption. As part of that procedure, Stepfather can request the court to change Stepson�s name to
Stepfather�s name, and Stepson can concur.
Re: Name change vs. Adult Adoption
In FL if all parties are adults and consenting this is a fairly routine proceedure, the filing fee is about $256 and can be done in a relatively timely fashion. Don't forget, him getting adopted will not change YOUR name. You will still have to do a name change. The adoption is a good idea if the intention is to make him the legal heir. The property, if there is any, can also be conveyed pre-death so the father can enjoy the son using it, and can keep a life estate for himself if he chooses.