Attorney Jeffrey P. Coleman answers a common question about including or excluding an adopted child in your will.
An adopted child is legally your child. The court has determined that that child belongs to you and will be governed by Florida law. If there is any possibility that you do not want that adopted child included in your will, then it is important that you name that child under the terms of your last will and testament; so there is no possibility that that child can argue later that the lawyer or you simply made a mistake in excluding them from the will. This is called a “pretermitted child” and it is a subject of litigation in Florida.
Seek legal counsel. It’s important.