When it comes to stepchildren, both estate and family laws are clear: technically, your step-kids have no legal right to inherit your property unless expressly included in a will. Your own children fall into the category of next-of-kin, meaning they are blood relations and thus in the legal line of succession. Clearly, this is a complex and sensitive issue that touches upon matters of estate, probate, and family law. Below is a closer look at what you need to know about stepchildren and your will and estate plans.

The Definition of a Stepchild

So, legally speaking, what is the definition of a stepchild? They are simply the children your partner or spouse had from a previous relationship. If you adopt a spouse's stepchildren, the kids are no longer stepchildren; they are your full, legal children, with the same rights as blood relations. But those who haven't adopted their step-kids have no legal connection to them and have no obligation to include them in a will or other estate planning arrangements.

Including a Stepchild in a Will

Many parents form strong and enduring bonds with their step-kids, and it makes sense to want them to include them in wills and estate plans. All you need to do is make specific provisions for them in your will, naming them as beneficiaries of whatever assets they should inherit. Bear in mind that language is important in a will. If you have other children, refrain from referring to your stepchildren as children, descendants, or heirs in the text of the will itself. Specify each child, whether step- or blood-related, by name. This will prevent confusion and guarantee all applicable estate and family laws are adhered to.

Excluding a Stepchild in a Will

In some cases, an individual may want to expressly leave a stepchild out of a will. Fortunately, this is easy to do; just don't include them at all in your estate plans. Stepchildren are not in the natural line of succession and can't inherit without your unambiguous permission. The only way a stepchild could obtain assets or property belonging to a deceased person is if the decedent's spouse--the stepchild's natural parent--was still living, received an inheritance, and then gave all or a portion of that inheritance to the child. Being a blood-related parent and child, a spouse would be free to do this.

Understanding how to approach the subject of stepchildren and wills can help streamline the estate planning process and ensure you leave the plans most in line with your wishes. The estate, probate, and family law attorneys at Lane, Felix & Raisbeck CO, LPA, are here to help. For over 30 years, they have been serving Hamilton County, Ohio, clients in a number of different legal practice areas, including estate planning, personal injury, and criminal law matters. Call (513) 922-7700 or visit them online to set up a consultation today.