My step daughter is 41 yrs old with 3 children. I have been married to her mother for 27 years. Deciding on my will my assets should go to my step daughter and my grandchildren as I have considered them my family in case I outlive my wife. The reason I want to consider adopting my step daughter at the age of 41 is if something happened to myself or my wife we do not want any interference from my family (siblings and a mother). I have chosen not to have any bio children as I consider my step daughter and her children as my own. I fear even a will may not suffice and if something happened to us I want her and the grandchildren protected. Unfortunately my family does not consider them as "mine".

Can I legally adopt my 41 year old step daughter to ensure to problems would not arise upon my death if I outlive my wife. I want to ensure the daughter I have chosen since the age of 12 and my grandchildren will inherit my assets.

As long as your stepdaughter is willing, I believe that you should be able to do so. Your reason for doing so is the number one reason for adult adoptions.

Consult with a family law attorney in your area to determine the steps to do so, but as long as your stepdaughter is willing, it shouldn't be a problem.

ANY question on law needs to include your general locale as laws vary by area. Not all areas permit an adult adoption. But if the law allows it in your area, then there should be no problem. A local Family Law Attorney can advise you.

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Originally Posted by Joy Blanton

... The reason I want to consider adopting my step daughter at the age of 41 is if something happened to myself or my wife we do not want any interference from my family (siblings and a mother).
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Can I legally adopt my 41 year old step daughter to ensure to problems would not arise upon my death if I outlive my wife. I want to ensure the daughter ... and my grandchildren will inherit my assets.

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Then get an attorney to write a will or trust to that effect. The only way your family could contest such a will or trust would be by proving that you were senile when you wrote it. Going to all the trouble to adopt a 41-year old for that reason alone would (it seems to me) be evidence of such a mental condition.

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Originally Posted by AK lawyer

Then get an attorney to write a will or trust to that effect. The only way your family could contest such a will or trust would be by proving that you were senile when you wrote it. Going to all the trouble to adopt a 41-year old for that reason alone would (it seems to me) be evidence of such a mental condition.

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An amazing answer - I'm curious about what the father of the 41-year old thinks of this.

And, yes, if this works we can all adopt the people we want to inherit and Estate Attorneys can go out of business.

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Originally Posted by JudyKayTee

An amazing answer - I'm curious about what the father of the 41-year old thinks of this.

And, yes, if this works we can all adopt the people we want to inherit and Estate Attorneys can go out of business.

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Good point about the natural parent.

But its not as cut and dried on getting rid of Estate Attorneys. Unless the adoptee is left as the SOLE heir there will still be an issue about probating the estate. So a will is really a better instrument to insure inheritance.

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Originally Posted by JudyKayTee

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And, yes, if this works we can all adopt the people we want to inherit and Estate Attorneys can go out of business.

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Except that writing a will is the easy and inexpensive part. Probating an estate (whether or not there are legitimate children; whether there is a will) is where the gravy is.

But also remember that other natural children may have claims to the estate so your attorney who does the will has to cover any possible issues. And other family members can always contest a will ( does not mean they will win but they can always fight it)

All good points - I should not have been so flippant.