Why ‘I Know My Kids’ Isn’t Enough in Estate Planning

In this episode, Jordan Goewey and Mira Prisco discuss why it is crucial to clearly define “children” and “descendants” in estate planning documents, especially for long-term trusts and multigenerational plans. They explore how blended families, adoption, IVF and other assisted reproductive technologies, posthumous children, and out-of-wedlock births can complicate who is legally considered an heir. The conversation explains typical default definitions used in their South Carolina-based practice, including age limits for adopted children, handling adult adoptions, timing rules for posthumous births, and modern approaches to establishing paternity. The key takeaway is that clients should not assume the law views their family the way they do; instead, they should review and customize definitions in their documents, especially after major life events, and explicitly name any ambiguous relationships to avoid future disputes and ensure their wishes are honored. Topics in this conversation include: Introducing Jordan and Mira and Today’s Topic (0:33) Why Defining Children and Descendants Matters (1:42) Blended Families, Adoption, and IVF Complications (2:32) How Adoption Is Treated and Age Limit of 18 (3:48) Avoiding Abuse of Adult Adoption in Inheritance (4:39) Posthumous Children and Use of Genetic Material (6:15) IVF, Emerging Technology, and Updating Documents (6:52) Out-of-Wedlock Children and Proving Paternity (8:37) Modern Definitions of Fatherhood and Inheritance (9:26) Practical Advice on Reviewing Family Definitions (11:27) Naming Specific Adopted or Ambiguous Descendants (12:36) Sensitivity of the Topic and Episode Close (12:59) TFE Talks: Navigating Wealth, Business, and Legacy is the official podcast from Thomas, Fisher & Edwards, a premier estate planning and business advising law firm in Greenville, South Carolina. Each episode, our attorneys break down complex legal topics—covering estate planning, business strategy, and legacy building—into clear, actionable insights. Whether you're refining a plan with our team or preparing for the future, this podcast serves as your go-to resource for thoughtful, strategic planning. Tune in for guidance that helps you protect what matters most. Learn more at www.tfelawfirm.com. The information provided in this podcast is for general informational purposes only and should not be considered legal advice. Listening to this podcast does not create an attorney-client relationship with Thomas, Fisher & Edwards or any of its attorneys. Laws and regulations vary, and legal matters are highly fact-specific. For personalized legal guidance, please consult with a qualified attorney.