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Commonly Asked Questions about Testament Forms 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.
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.
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 simple willsometimes known as basicis the type most people associate with the word will. With a simple will, you can decide who will receive your assets and name a guardian for any minor children. Generic or statutory forms with a simple will format provide an excellent framework.
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.
A popular option for many married couples or life partners is to make mirror wills. These are almost identical wills where both partners leave their estate to the other. You also name the same people and organizations as your secondary beneficiaries.
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.