David Whittaker, Attorney at Law

Serving Davidson & Williamson Counties

  • Home
  • Attorney Profile
  • Probate
  • Real Estate Litigation
  • FAQ
  • Contact Us
  • Call Today
  • Email Us
  • Our Map
  • Menu

Call Today: 888.492.4735

Are My Stepchildren Entitled to My Estate?

Nashville Blog 2016 April Are My Stepchildren Entitled to My Estate?
Previous Post  |  Next Post

Are My Stepchildren Entitled to My Estate?

Posted By David Whittaker, Attorney at Law || 11-Apr-2016

In today’s society, virtually everyone’s life has been affected by a divorce. Whether you’re a child of divorce, or your spouse was married before, or one of your siblings are divorced, there is a good chance that someone close to you has been through the process. Or, perhaps you’re divorced and on your second marriage.

Family can be complicated, especially when you have a “blended family,” and if you’re a stepparent, it may not have always been the easiest road. Now you wonder, “Are my stepchildren automatically entitled to a share of my estate?”

Wills and Stepchildren

In Tennessee, if you create an estate plan and you do not specifically include your stepchildren as heirs or beneficiaries by name, then no, they will not be entitled to any portion of your estate, even if you raised them since before they attended preschool.

What if I die without a will? In most states, including Tennessee, if you die without creating a will (dying intestate), then your assets and property will be distributed under Tennessee’s intestate succession laws.

So, if you died without a valid will, your property would be distributed to your spouse, your biological children and adoptive children, but not your stepchildren. Your stepchildren would not receive a penny.

On the other hand, if you do not have a spouse or any biological children, then your estate would be distributed to your closest living blood relatives, such as your parents or siblings. But not your stepchildren.

Let’s say that you do not get along with your stepchildren, or you do not feel that they are financially responsible. If you want to be 100% certain that they do not receive anything from your estate, then I recommend revising your will so that it specifically excludes your stepchildren, and it mentions them by name.

What if I want to leave my stepchildren an inheritance?

On the flipside of this coin, you may want to leave your stepchildren an inheritance. Perhaps you have raised your stepchildren as your own since they were toddlers, or perhaps you have developed a meaningful relationship with them, and you want to leave them something.

In that case, you will need to specifically include your stepchildren in your will, trust or other estate planning documents. Otherwise, if you don’t do this, they will not inherit anything under the state’s intestate succession laws.

If you have further questions about stepchildren and inheritances, please contact me, David Whittaker, Attorney at Law for a free consultation!

Categories: Inheritance, Wills, Estate Planning

Share Post

Contact Us Today

Send My Information

Probate

How Can We Help You?

  • Change of Beneficiary
  • Conservatorship
  • Cost of Probate
  • Estate Administration
  • Estate Litigation
  • Estate Planning
  • Fiduciary
  • Inheritance Rights and Disputes
  • Probate Administration
  • Probate Litigation
  • Trust
  • Wills
  • Real Estate Litigation
  • Areas We Serve
  • Home
  • Site Map
  • Privacy Policy
  • Contact Us

Follow Us

David Whittaker, Attorney at Law

Call Today: (888) 492-4735

David Whittaker, Attorney at Law - Nashville Probate Attorney
1616 Westgate Circle, Suite 127, Brentwood, TN 37027 View Map
Call Today: (888) 492-4735
(615) 289-6284
Website: http://www.attorneydavidwhittaker.com/
© 2020 All Rights Reserved.
Internet Marketing Experts The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.