It can be easy to see your stepchildren as your genuine, biological children after so many years. However, keep in mind that the law does not recognize stepchildren as your children unless you adopt them.
With that in mind, it is crucial to plan your will according to your family’s specific needs. If you have stepchildren and you wish for them to inherit from your estate, here is what you should know.
Unadopted stepchildren do not automatically inherit
According to Texas law, stepchildren are not legal heirs unless the estate owner adopts them or names them in the will.
Moreover, if you pass away without a will, your estate will go to a probate court, which will then distribute your assets according to intestate laws. Your estate will go to your surviving spouse and/or children. If you do not have either, it may go to other relatives, such as grandchildren, parents and siblings.
Again, stepchildren are not part of this line of succession, but adopting them will make them your legal heirs.
Creating a will may provide even more security. A will can help you be more intentional with asset distribution and ensure your stepchildren have a right to your estate.
Factors to consider when creating a will for a blended family
Blended families may come with unique challenges, which often need addressing when it is time to plan your estate. Here are several factors to consider when creating your will, particularly with your stepchildren in mind:
- Updating beneficiaries and distributions: It is important to name your stepchildren and other intended beneficiaries in your will to avoid any confusion or potential legal challenges. You can also determine a specific amount or percentage you want to distribute to each beneficiary.
- Equal vs. unequal treatment: Decide whether you want to treat stepchildren the same as biological children or differently. Be prepared to explain your reasoning to avoid disputes later.
- Consider trusts: Trusts allow you to specify how and when to distribute assets. They can be particularly useful for children of different ages or needs. For example, a trust can disperse funds to your adult children immediately after your death, but you can distribute funds every few years to a minor child to support them long-term.
Planning your will now can help secure your family’s future. To ensure your assets go to exactly who you want to receive them, consider working with an estate planning attorney who can guide you through the process.