If you are like many people, “family” means more just than the people to whom you are biologically related. When you marry, of course, you become legally related to your spouse. If your spouse has children from a previous relationship, they become your stepchildren, and they may become as much a part of your family as your own children.

There is, however, one critical difference: legally speaking, unless you adopt them, your stepchildren are not considered your children. That fact has many effects, including that your stepchildren do not have an automatic right to inherit from you under Michigan law. If there are government benefits to which your child would be entitled after your death (such as Social Security Survivors’ Benefits), your stepchild will not not be eligible.

Many people who are busy raising their stepchildren don’t think about these legal implications. Unfortunately, by the time the legal reality comes to light, it is often too late.

Why Stepchildren Don’t Automatically Inherit from Stepparents

It’s not that stepchildren can’t inherit from stepparents; it’s that they don’t do so by operation of law. In Michigan, as in other states, the law specifies who will inherit from a deceased person (decedent) if they do not have a will or other estate plan. This is generally called the law of intestate succession (“intestate” refers to someone who has died without a will), or intestacy law.

Intestacy laws generally try to approximate what most people would do if they had created a will. In other words, these laws assume that most people would provide for their spouse and descendants, or if they don’t have any, to parents, siblings, or more distant relatives. Though blended families are common, intestacy laws do not provide for stepchildren to automatically inherit from stepparents.

While some stepparents are very close to their stepchildren, others are not. The law chooses not to assume a stepparent’s intent regarding a stepchild, and to err on the side of favoring clear, legally defined relationships.

How to Make Sure Your Stepchildren Inherit from You

If the thought of your stepchildren being shut out of your estate bothers you, you have some options. One is to adopt your stepchild, giving them the same legal status as a child that was born to you. Of course, that may not be possible, if your stepchild has another parent who does not want to relinquish their parental rights.

A simpler and more straightforward option is to create an estate plan that includes your stepchild. It is also less permanent; adoption is forever, but if your relationship with your stepchild changes over time, you can always update your estate plan to reflect that.

Providing for Stepchildren in Your Estate Plan

There are multiple ways that you might make provisions for your stepchildren in your estate plan, depending on your circumstances and intentions.

Last Will and Testament

You can use your will to leave your stepchild a percentage share of your estate, a specific piece of property, or a fixed sum of money. If you leave a bequest to your stepchild in your will, it will be theirs to do with as they wish upon your death so long as they are a legal adult (18 or older) at that time.

Trust

A trust is another tool you can use to provide for your stepchild in your estate plan. As with a will, you can use a trust to leave specific property, money, or other assets to your stepchild. However, using a trust allows you to set the timing and terms of asset distribution, which may help protect assets (and your stepchild’s interests).

Guardianship

If you are a parent in a blended marriage, you need to think carefully about planning for your own child (your spouse’s stepchild). Unless your spouse adopts your child, they would not have a legal right to custody of your child in the event of your death. However, you can use your will to nominate your spouse as your child’s guardian in the event of your death.

This nomination does not overcome any parental rights of your child’s other legal parent, and it does not guarantee that the court will formally appoint your spouse to this role. That said, courts do give weight to a parent’s wishes for their child’s care.

Work with an Experienced Estate Planning Attorney

The knowledgeable estate planning attorneys at Barron, Rosenberg, Mayoras & Mayoras work with blended families who need an estate plan customized to their needs, including provisions to protect stepchildren. Schedule a consultation today by calling (248) 641-7070 in Michigan or (941) 222-2199 in Florida to learn how we can assist you. You can also use our simple online contact form.