Why stepchildren do not inherit by default, what a stepparent can sign, and the beneficiary forms blended families most often forget.
In a blended family, the people you think of as family and the people the law treats as family are often different. Stepchildren usually do not inherit unless you say so in writing. A stepparent usually cannot sign for a stepchild without permission. Old beneficiary forms may still name a former spouse.
None of this is hard to fix, but it has to be written down.
When someone dies without a will, state law decides who inherits. Those laws follow legal relationships: spouses, children, parents. In most states a stepchild inherits nothing unless they were adopted or are named in a will, trust or beneficiary form.
If you want a stepchild provided for, it has to be in a document. Good intentions do not transfer money.
In most states, a surviving spouse can claim a share of the estate even if the will leaves them less. Couples who want to provide for each other and for children from earlier relationships often use a trust, such as a QTIP trust, which supports the surviving spouse during their life and then passes to the children you choose.
Children in a blended family often live between two homes. Write down the schedule, the other household's contacts, and what each adult is allowed to do.
A stepparent usually cannot consent to medical care or sign school forms for a stepchild without written permission from a legal parent. Ask the child's legal parent to sign an authorization, and give copies to the school and the doctor.
Beneficiary forms decide where retirement accounts and life insurance go, regardless of the will. In blended families they are often out of date.
| Check | Why |
|---|---|
| Old forms naming a former spouse | Some states revoke an ex-spouse automatically and some do not. Employer retirement plans generally pay whoever is on the form. |
| Minor children named directly | A minor cannot receive life insurance directly. A court may appoint someone to manage it. Name a trust or a custodian instead. |
| Life insurance required by a divorce decree | Many decrees require a policy for the children of the earlier marriage. Make sure it is still in force. |
| The home | How the deed is titled decides who owns it after a death. |
If a custodial parent dies, the child's other legal parent usually gets custody, even if the child has lived with a stepparent for years. Naming the stepparent as guardian in your will matters most if the other parent is not available or not fit, and a court still decides.
If this is a real concern, talk with a family law attorney about what can be done while everyone is healthy.
Adoption makes a stepchild a legal child, with the same inheritance rights as any other. It usually needs the consent of the other legal parent, or a court ending that parent's rights. It is a big legal step and is not the only way to provide for a stepchild: a will, a trust or a beneficiary form can do that without it.
The Blended Family Kit has four worksheets: who is family on paper, two households, finances, and beneficiaries and estate.
Download the Blended Family Kit (PDF)Paper goes stale. Hubstone holds the same record and keeps it current, and you choose who sees each page.
General information, not legal, medical or financial advice. Requirements differ by state.