Share

Southern California Estate Planning, Probate, Trust & Litigation Law Blog

Monday, July 24, 2017

How to Leave Gifts to Step-Children

Today, blended families have become increasingly common, and many individuals have step-children, that is, children of a spouse or partner. In situations where step-children have not been legally adopted, however, they do not have a legal right to an inheritance from a step-parent. For those who wish to leave step-children part of their estate , it is necessary to include them in an estate plan.

The easiest way to leave gifts to step-children is to name them in a will. As with any other gift, they can be given a percentage of the estate, or specific gifts. If there are other children involved, it is important to avoid confusion by naming each child and step-child by using their individual names, rather than terms such as "descendants," "heirs," or "children."

There are also a number of estate planning tools that can be utilized to include step-children in an inheritance. If the objective is to avoid probate, for example, a revocable living trust can be established in which a step-child is named as a beneficiary. Moreover, it may be necessary to provide for a disabled step-child who is eligible for public benefits by establishing a special needs trust. Lastly, a step-child can also be named as a beneficiary in a life insurance policy or a pay-on-death financial account.

While there is no legal obligation to leave step-children an inheritance, it may be the best choice for those who have a close relationship, or played a significant role, in raising them. However, this will reduce the amount of assets available to other children and beneficiaries. Because blended family relationships are complex and subject to emotional challenges, it is important to explain these decisions with all family members.

By engaging in an open and honest dialogue, you can minimize the potential for strife and the possibility of a will contest. In particular, it is important to clarify why you gave each recipient a gift, the selection of your executor, and your thoughts about the family.  Lastly, you are well advised to engage the services of an estate planning attorney who can help ensure your wishes regarding step-children are carried out.


Archived Posts

2017
2016
2015
December
November
October
September
August
July
June
May
April
March
February
January
2014


Law Offices of Mary P. Kulvinskas located in Westlake Village, CA serves clients in southern CA including Agoura, Calabasas, Camarillo, Los Angeles, Malibu, Oxnard, Simi Valley, Thousand Oaks, San Fernando Valley, and Ventura.



© 2017 Law Offices of Mary P. Kulvinskas | Disclaimer
2625 Townsgate Road, Suite 330, Westlake Village, CA 91361
| Phone: 805-267-1125

Trust Litigation | Probate Litigation | Estate Planning | Trusts & Estate Planning | Trust Administration | Probate Administration | Estate Tax Planning | Advanced Estate Planning | Family Limited Partnerships | About

Law Firm Website Design by
Amicus Creative