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Commonly Asked Questions about Last Will and Testament with Children

You may want to provide for your stepchildren or step-grandchildren by naming them specifically in your will. However, if you die while they are still minors or too young to handle the inheritance responsibly, a will without a trust provision is unlikely to achieve the best results.
Specifically, instead of writing to my children, use your stepchildrens full names. In addition, make sure your lawyer knows theyre stepchildrennot blood descendants or adoptedand identify what you want each stepchild to receive, whether its a dollar amount, real estate, or grandpas rocking chair.
The best method for parents to structure a wealth transfer to protect their childs inheritance is via a trust. One efective way to shield your familys wealth whether from things like divorce or from anyone who may try to take advantage of them is through a trust with a corporate trustee to oversee it.
Kids under 18 will need someone to manage their finances. This is a trust set up within your will that dictates how some or all of your estates assets will be distributed. You choose a trustee to manage the funds until a specific time, when the assets will pass to a beneficiary or beneficiaries (your children).
Blended family wills can be structured to ensure fairness among all children and family members, acknowledging the unique relationships and needs within the family, including equitable distribution of assets or setting up trusts to manage the inheritance for younger children until adulthood.
Because stepchildren are not considered heirs (unless they are legally adopted or specifically named in a legal document), they are not entitled to any of your assets when your estate goes through probate.
Unless formally adopted, stepchildren do not have inheritance rights. You must expressly identify your stepchildren as beneficiaries in at least one estate planning document, such as a will, trust, or beneficiary designation if you want them to inherit from you.
A will, or a last will and testament, is a legal document that describes how you would like your property and other assets to be distributed after your death.