Legal Question in Wills and Trusts in Washington
Trust in will
My mom died in January she said the $ from the sale of the house was 50-50 with my sister. However, I don't get my half all at once like my sister does. Its in trust and I get the principal over 10 years in fractions. If I die before this time ''Without issue'' everything goes to my sister. If I adopted a child is that the same as having ''issue?'' (I was 53 when she wrote the will.)
2 Answers from Attorneys
Re: Trust in will
First off, please accept my condolences on your loss of your mother.
Your adopting a child would stop the interest passing to your sister if you died before you get your entire inheritance, yes. An adopted child has the same right to inherit (from the adopted parent) as a natural child does.
The fact that you were 53 is not relevant in the eyes of the law, because you could have (or adopt) a child at any age.
Hope this helps. Elizabeth Powell
Re: Trust in will
I'm going to qualify Ms. Powell's answer. Without the Will stating otherwise, the adopted child would take in your place. However, the Will could state that adopted children and stepchildren of the beneficiaries are not to take in place of the beneficiary. This is why you should review the will closely and/or hire and attorney to do the same.
Remember, I'm an attorney but I'm not YOUR attorney. Only a thorough review of your situation by a competent attorney after an attorney-client relationship has been established will result in an informed legal opinion.
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