When you enter a marriage with someone who already has children, you can come to love them as your own. As such, when you create your estate plan, you may not think twice about including your stepchildren as beneficiaries. However, you should think twice about the language used. Unfortunately, many are unaware of the specifics they must follow, so it’s in your best interest to keep reading to learn how you can protect your stepchildren and why connecting with Tampa estate planning attorneys is in your best interest.
What Can I Do to Ensure My StepChildren are Beneficiaries?
When you create your estate plan, you may include terms and conditions to leave assets to your children. While you refer to your stepchildren simply as your children, the law does not agree. Unfortunately, unless you have legally adopted your stepchildren, they have no legal status as heirs to your estate. For example, if you have a biological child and two stepchildren, you may decide to leave your vacation home to your children, fully intending for this to include your spouse’s children. However, when your estate executor distributes your assets, they will be unable to grant your stepchildren their potion, as the law states that only biological or legally adopted children are considered children.
If you want to include your spouse’s children in your will, it is imperative to take the necessary steps to do so. Generally, the most important thing you can do is explicitly name the child and what you want them to receive from your estate plan. For example, if you have a stepchild named John, you should explicitly state that you would like to leave your real estate investment to your stepchild John. This helps avoid any confusion, as it is clearly stated as to who you want to leave property to.
Do I Need a Lawyer to Help Me Draft an Estate Plan?
If you are ready to create an estate plan or want to update yours to include your stepchildren, it’s imperative to do so under the guidance of an experienced attorney. Unfortunately, because the language in these documents must be very specific, you may make errors that can invalidate the outcome of your estate. Many attempt to create an estate plan on their own, which can have negative outcomes. As such, relying on the assistance of an experienced attorney is in your best interest.
When you are ready to embark on this process, it’s crucial to connect with the team at Tampa Law Group. We understand how overwhelming planning your estate can be, which is why we are proud to help you through this process. We will do everything in our power to assist you in ensuring your loved ones are included as heirs so you can achieve peace of mind that your family will be protected upon your passing. Contact our team today for more information.
