How to Exclude Stepchildren From Your Estate
When writing a will, it is particularly important to make your intentions clear for the simple fact that when the will takes effect, you will not be around to clear up any ambiguity. This can be particularly true in the case of stepchildren. The question of whether a stepchild is treated the same way as a biological child can be a legal gray area, so you will need to give clear instructions if you wish to exclude a stepchild.
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Instructions
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Make a valid will. If you do not leave a valid will, your estate will be distributed in line with your state's intestacy laws, the laws that apply to people who die without a will. The way intestacy laws treat stepchildren varies from state to state and may change before you die. This means there is no way to predict with certainty how stepchildren will be treated in the event that you die without a valid will. Assuming that under intestacy stepchildren will be excluded may prove inaccurate by the time you die.
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Include a specific clause in your will that clearly states the stepchildren are to be excluded from receiving an inheritance. In many cases, where there is doubt about the intentions of the person who made the will, it is assumed that the person meant to include stepchildren among the heirs in the same way as biological children. Where this happens, the stepchild will often receive the same amount that would have been awarded under intestacy laws. An unambiguous statement will reduce the chances of your intentions being misunderstood in this way.
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Specifically name individuals. While it is possible to include a clause in the will that simply excludes all stepchildren from inheritance, specifically naming individuals to be excluded will be less likely to lead to confusion.
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Update your will if your personal circumstances change. This is particularly important and relevant if you remarry and acquire a new stepchild.
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Tips & Warnings
It is possible to list a stepchild as a contingent beneficiary. This means that the stepchild receives the inheritance only if your partner (the child's biological parent) dies before you. However, it may be safer to revise your will if your partner dies to avoid any confusion.
Preparing a will without qualified legal advice can be a risky action and increases the chances of your wishes not being followed after your death.
