Whether you have children from a previous marriage or your partner does, becoming a step-parent is something that many take great pride in. As you love your stepchildren like your own, taking the time to include them in your estate plan is something you may want to prioritize. If you’re unsure where to start, the following blog explores the basics of estate planning for blended families. You’ll also learn why connecting with Pennsylvania estate planning attorneys is imperative to ensure your wishes are honored during these matters.
How can I ensure my stepchildren are beneficiaries of my estate?
When you plan your estate, you may put a provision in that your children will inherit certain assets upon your passing. However, if you do not specify which children you are referring to, this can have unintended consequences. For example, if you have two biological children and one stepchild, the court will assume you are only referring to your biological children. As such, you should ensure that you specifically name the children you would like to leave your assets to as a means of guaranteeing your stepchildren receive the inheritance you intend for them.
It’s important to understand that if you have legally adopted your stepchildren, in the eyes of the law, they are your children. As such, you would not need to make the distinction and can say that you wish to leave your estate to your three children.
Should I enlist the assistance of an attorney?
If you are ready to plan your estate and wish to leave assets to your stepchildren, understanding the importance of working with an attorney is critical. Unfortunately, many assume that they can create a will without the assistance of an attorney, which can result in significant issues.
Attempting to create a legally binding will on your own is incredibly complicated. Unfortunately, there is specific language you must use to ensure your wishes are accurately represented and interpreted. Failure to use this language can result in your wishes being ignored. Additionally, you may make errors that invalidate the entire document. If this occurs, it will be as though you never had a will, and you will be considered to have passed “intestate.” Essentially, this means you do not have a will, and the state will distribute your assets according to a predetermined line of succession. If you have not adopted your stepchildren, they will not inherit a portion of your estate as they have no claims to your assets. This is because they are not legal heirs to the estate.
As you can see, taking the time to meet with an attorney from Friedman Schuman Layser to create your will to include your stepchildren is crucial. We understand how important these matters are, which is why we will do everything possible to make this process as simple as possible. Contact us today to achieve peace of mind that your loved ones will be taken care of upon your passing.
