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!