Should My Stepchildren Get My Inheritance?
With the reality that nearly 50 percent of all first marriages end in divorce, second marriages and blended families have become more common. Depending on your relationship with your stepchildren, you may have the option to give them some of your inheritance. However, it all depends. In this blog , we discuss the circumstances in which stepchildren inherit from a stepparent and when they do not.
As a general rule, stepchildren do NOT have the same inheritance rights as biological and adopted children. If you are a stepparent and you wish to give some of your assets to your stepchild, you will have to state that in your will or trust; therefore, you will have to make sure you specifically include him or her in your will or trust.
You can also name your stepchild as a beneficiary on assets with beneficiary designations, which pass outside of probate. If not, it is highly likely that your stepchild will not receive a penny from your estate.
Naming Your Stepchild in a will or a trust
If you establish a will or trust, or both, and you wish to leave some of your assets to your stepchild, make sure that you mention their name. It’s best to avoid any ambiguity and spell out what property and assets you want to be left to your stepchild.
If you die without creating a will, it’s called “dying intestate.” When you die intestate, certain state laws determine how your estate is to be divided, and this usually means it goes to your closest living relatives, such as a spouse, biological and adopted children, and grandchildren. It may even go to parents or siblings, but it won’t go to a stepchild, even if you’ve raised him or her since they were an infant.
What if I adopted my stepchildren?
If you legally adopted your stepchild, that changes everything. He or she will be treated exactly the same as a biological child. If you have not adopted your stepchild and they are under 18, both of his or her biological parents would have to consent for you to adopt the child. If the stepchild is 18 or over, you don’t need the parents’ consent to adopt the stepchild as their stepparent.
Interested in Working with Us?
If you need any help regarding your business or other legal matters please reach out to us directly here and schedule a call with one of our paralegals on our scheduling page here.
Interested in Working With Us?
If you need help with estate planning or any other legal concerns, we are here for you. Don't hesitate to contact our firm directly for assistance. Our dedicated team is ready to provide support and guidance to you and your loved ones during important life transitions.
Whether you're ready to schedule a strategy session to discuss your specific needs or if you're interested in exploring our wide range of complimentary guides and additional resources, we encourage you to get in touch with us.
With licensed attorneys and offices located in both Illinois and Missouri, we are well-equipped to serve clients in these regions. Reach out to us today and let us leverage our expertise and care to guide you through the legal process.
Helpful Guides
Begin your journey by taking advantage of our collection of complimentary guides.
Online Documents
Simple & Convenient, Cost Effective, Attorney Reviewed Documents.
Recent Posts
Submit Your Confidential Request
Click the button & fill out the form so we can better understand how we can help.