Are stepchildren your heirs? Are they included in a class of "my children"? Can you leave an inheritance to your stepchildren? How should you identify them in your Will?

Unless you’ve adopted them, your stepchildren have no legal right to an inheritance from you — even if you die without a Will. Stepchildren don't have inheritance rights, so if you don't want to leave anything to your stepchildren, you don't have to do anything. However, if you want to leave your stepchildren any part of your estate, you’ll need to name them in your Will or other estate planning documents.

ARE STEPCHILDREN YOUR HEIRS? Stepchildren are the children of your spouse that you have not adopted. (If you have adopted them, your adopted children are legally your children, with the same legal connections to you as children born to you.) There is no legal tie between you and your stepchildren; your stepchildren are not considered your legal heirs. In terms of Will-making, you have no obligation to leave anything to your stepchildren. While most state laws don't require you to leave property to your children, they do have laws that protect children who are accidentally left out of a Will and give a percentage of an estate to children whose parent dies without a Will. But these laws don't apply to stepchildren. In effect, your legal relationship to your stepchildren is equivalent to someone with no familial relation, like a friend or neighbor.

The flip side of this is that if you do want to ensure your stepchildren receive something when you die, you must make a Will or Trust and name them specifically. If you die without a Will, your stepchildren won't receive anything.

ARE STEPCHILDREN INCLUDED IN A CLASS OF "CHILDREN"? If you make a will that leaves gifts to "my children," your stepchildren will not be included in that group unless you've adopted them. Even if you might think of them as your children, they are not legally considered to be your children. Making gifts to categories of people opens up the possibility of confusion and is generally not advised.

CAN YOU LEAVE AN INHERITANCE TO YOUR STEPCHILDREN? If you want leave a gift to a stepchild, you certainly can, just as you would leave a gift to anyone else. Stepchildren can always inherit under your Will if you name them. Using your Will, you can leave your stepchild a percentage of your entire estate, or you can leave specific gifts — like $5,000, your car, or your golf clubs.

HOW SHOULD YOU IDENTIFY YOUR STEPCHILD IN YOUR WILL? If you have other children, when you make your Will do not use terms like ''issue,'' ''descendants,'' ''children,'' or ''heirs” to refer to them. Those terms have specific meanings in the law and can sometimes be subject to confusion, plus they can be extra complicated for blended families with stepchildren. Instead, name each child and each stepchild using their individual names.

OTHER OPTIONS BESIDES WILLS. In addition to (or instead of) using a Will, you can also leave gifts to your stepchild using a number of other estate planning tools. For example:

* If you use a Revocable Living Trust to avoid probate, you can name your stepchild as a beneficiary of the Trust.

* If your stepchild is eligible for government disability benefits, you can provide for your stepchild using a Special Needs Trust.

* If you have a life insurance policy or a pay-on-death financial account, you can name your stepchild as a beneficiary of the policy or account.

Of course, you’ll need to keep in mind that any gift you leave to your stepchild will reduce the amount of property available to your other beneficiaries — like your biological or legally adopted children and your spouse. For some people, this can be an area of concern.

When families blend together, relationships can get complicated and strained — perhaps especially when it comes to who gets what.

HOW TO EXCLUDE YOUR STEPCHILD. You don’t have to do anything to make sure that your stepchildren get nothing through your Will. Your stepchildren have no rights to the property in your Will unless you name them. If you leave nothing to them in your Will, they will get nothing.

One important caveat: If you're married, your stepchild could end up with some of your property via your spouse. If you are married to your stepchild’s parent, you will likely leave a good portion of your estate to your spouse. If you die first, your spouse will end up with your property and will be free to leave (or give) that property to your stepchild. In this way, your stepchild could end up with gifts from your Will or Trust, proceeds from your life insurance, your personal effects, and anything else that you leave to your spouse.

This scenario also holds true if you don’t do any estate planning. If you’re married and don’t have a Will, everything you own (that doesn’t have a beneficiary designation) will go to your spouse and children. They will then be free to leave (or give) that property to your stepchild.

If this concerns you, it is avoidable, but you have to plan for it. For example, you can set up a “Bypass Trust” or a "QTIP Trust." These types of Trusts allow your spouse to use your property after you die, for the rest of their life. Your spouse or partner will never own the property and will never have the right to give away the property. When they die, your property will go to beneficiaries you name.

LEAVING AN EXPLANATION OF YOUR DECISIONS. Consider whether it would make sense for you to explain the decisions you made in your Will, Trust, or general estate plan. When families blend together, family relationships can become complicated and strained — perhaps especially when it comes to who gets what. If you think your family will have questions or concerns about the plans you make, there are steps you can take to mitigate the possibility of familial strife.

First, if possible, talk to each member of your family to explain your plans and reasoning. This is your best chance of creating peace because you will be available to answer questions and have follow-up conversations. However, if talking it over is not possible — or just not your style — you can also leave a letter to your survivors explaining the decisions you made. The letter won’t have any legal weight, but it can be a comfort to you and to those you leave behind. In it you can talk about things like:

* why you gave what to whom

* how you would like gift recipients to split shared gifts

* your thoughts about your relationships with your children or other family members

* your choice for Personal Representative or Trustee, or

* any general thoughts about life.

There is no official form for this type of letter. You can make it what you want it to be. Just be careful not to contradict the terms of your Will or estate plan. Leave your letter with your other estate planning documents. Also, if you have any real concerns that someone may contest your Will or fight your estate plan, or otherwise anticipate inheritance issues with stepchildren, get help from a lawyer who can help ensure that your wishes are followed.

If we can be of service to you, your family, friends, neighbors, or coworkers, give us a call at 253.858.5434 to set up an appointment today. We represent clients throughout Washington and Idaho and are available to meet in person, by phone, or via video conference.