According to Pew Research, around 16% of families in the U.S. are blended families. These are families that include stepparents, stepsiblings, and stepchildren.
If you have a blended family, you may wonder how having stepchildren will affect your will or estate plan and how you can ensure they receive money, property, or other assets when you die.
In this blog, we clarify this important issue and provide guidance on how to ensure your estate plan accurately reflects your wishes.
Stepchildren Don’t Automatically Receive Inheritance
Stepchildren don’t have the same automatic inheritance rights as biological or legally adopted children in Tennessee. If you have stepchildren and die without a will (intestate), your stepchildren will not inherit from your estate by default. The only way for your stepchildren to inherit is if they are specifically named in your will.
This applies even if you have no biological children or surviving spouse at the time of your death. Under Tennessee intestacy laws, stepchildren are generally not recognized as heirs regardless unless they have been legally adopted by the deceased—even if no other family members are alive to inherit from the estate.
If you have no surviving parents or siblings when you die, your estate would be distributed to more distant relatives such as grandparents, aunts, uncles, and cousins. If no relatives can be found, your estate will ultimately go to the state of Tennessee. This makes it extremely important to ensure your stepchildren are named or otherwise set up to receive assets from your estate.
The Role of a Will in Estate Planning
A will allows you to specify who will receive your assets after you pass away. It can include any number of beneficiaries outside of your biological family, including your stepchildren, friends, or favorite charities.
If you don’t have a will at the time of your death, Tennessee’s intestacy laws will determine the distribution of your estate, which excludes stepchildren unless you adopted them or specifically named them in your will.
Including Stepchildren in Your Will
To ensure that your stepchildren are included in your inheritance plan, you must take the following steps:
- Draft a Will: Work with an experienced estate planning attorney to draft a will clearly stating your intentions.
- Specify Stepchildren as Beneficiaries: List your stepchildren by name as beneficiaries in your will. You can specify what portion of your estate or assets you want them to receive.
- Update Your Will Regularly: Life circumstances change, and so should your will. Regularly update your will to reflect changes in your family dynamics or wishes. If you remarry later in life and have more stepchildren, ensure they are added to your will if you wish for them to inherit from your estate.
Legal Adoption of Stepchildren
Another way to ensure that stepchildren have the same inheritance rights as biological children is through legal adoption.
Once adopted, stepchildren are legally recognized as your children and will have the same automatic inheritance rights under Tennessee law. This process involves legally terminating the parental rights of the biological parent and completing the adoption through the court system.
However, even if you adopt your stepchildren, it’s still important to create a will and name them and the assets you want them to receive. This can further ensure your wishes are carried out when you pass away.
Additional Solutions for Ensuring Your Stepchildren Receive Assets
Other steps you can take to provide your stepchildren with assets after you pass away include:
- Create Trusts: Trusts can be an effective way to manage and distribute your assets. A trust allows you to specify conditions under which the assets are distributed and can provide for both your biological children and stepchildren.
- Use Beneficiary Designations: You can name beneficiaries directly for certain assets, such as life insurance policies and retirement accounts. This can be a simple way to ensure your stepchildren receive part of your estate.
The Importance of Professional Guidance
Navigating the complexities of estate planning, especially in blended families, requires professional guidance.
At Inman, Stadler & Hill, our experienced Tennessee estate planning attorneys can help you create a comprehensive estate plan that ensures your wishes are honored and your loved ones, including your stepchildren, are provided for after you die.
Contact us today for a consultation.
