Legal Question in Family Law in Texas
We adopted seven children and one of our children has turned 18 and chosen to return to his birth family and they are involved in activities that are not acceptable by us or the law so he is no longer allowed to have any contact with our other children for their safety. We have tried and tried to resolve things with him but he does not want any part of it. We need to know how we can undo the adoption so that if something happens to my husband and I he will not be considered and heir to our estate. We have to protect the interest of our other children. The adoption was done in Michigan, we live in Texas, and he has returned to Michigan.
2 Answers from Attorneys
You need to prepare a will in the State of Texas.
You cannot "undo" an adoption under Texas law (except in very limited circumstances that don't apply here) and I would guess that Michigan is the same way; but you should check with a Michigan attorney to be sure.
Fran is right about the Will. There is no "forced heirship" in Texas so you can leave your estate to whomever you want. Some people leave their entire estate to non-family members. If you or your husband die without a Will, the children will share in the estate. How much will depend on whether there is a surviving spouse at the time.
You should not try to do a Will yourself. I had a client come in this week with a "homemade" fill-in-the-blanks Will that was not properly prepared and did not do what the man wanted. Unfortunately, he is now deceased and cannot change the Will. See an estate planning attorney for help.
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