Step Parents and Wills

Step parents are in a unique situation when it comes to creating a will. If a parent passes away, the parent's estate will be passed on to his or her current spouse and biological children under state intestacy laws. Step children, however, are not included under Texas intestacy, unless the step parent has adopted the children and assumed legal custody. Many step parents do not realize that part of their estate will not automatically be passed on to their step children. This misunderstanding could leave step children without the aid that they need if they lose a supporting parent.

The only way to ensure that your step children inherit part of your estate in case you pass away is to create a will and list them as beneficiaries. When you write a valid will, your estate will be divided according to the wishes that you specify in your will rather than being decided by state intestacy.

This is extremely important for any family in which one caregiver is not the biological or legal parent of one or more children of the family. While this may not be as important for older children who are already mostly or entirely independent, it can have serious implications for young step children who would be left with only a single parent to support them.

A will is a powerful document that can help you communicate your wishes even after you are gone. In addition to granting inheritance to your step children, you can also specify other family members who you wish to include in the will and who you would like to receive which property or assets. If you decide to create a will but do not want to include your step children for whatever reason, you are entitled to leave them out of the will. Creating a will gives an individual full control over the future of his or her estate so that it is not left to an intestacy court to decide.

Contact Us

To learn more about creating a will to include step children and others who may not be biologically related to you, please contact the Austin estate planning lawyers of Slater, Kennon & Pugh LLP today at 512-338-1100