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How Do I Make Sure My Stepchild Has Inheritance Rights?

Nashville Blog 2019 September How Do I Make Sure My Stepchild Has Inheritance Rights?
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How Do I Make Sure My Stepchild Has Inheritance Rights?

Posted By David Whittaker, Attorney at Law || 16-Sep-2019

In the United States, about 50 percent of all first marriages end in divorce, so not surprisingly, second marriages and blended families have become the norm. But does that mean that stepchildren enjoy the same inheritance rights as biological children? It depends. In this article, I explain under what circumstances 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 bequeath some of your assets to your stepchild, you will have to state that in your will or trust.

Meaning, 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. Otherwise, it is highly likely that your stepchild will not receive a penny from your estate.

Naming Your Stepchild in a Will or Trust

If you establish a will or trust, or both, and you wish to leave some of your assets to your stepchild, make sure to include him or her in your will or trust, and that you mention their name. It’s best to avoid 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, Tennessee 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 Stepchild?

If you legally adopted your stepchild, that changes everything and 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.

Categories: Inheritance, Trusts, Wills, Beneficiary Designations, Estate Planning, Intestate Estates, Blended Families, Intestate Succession

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David Whittaker, Attorney at Law - Nashville Probate Attorney
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