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Step-children are children from prior relationships. Generally, a person making a will has freedom to dispose of his or her property as they choose. Most states have provisions to provide for spouses, but much lesser protections are in place for children or step-children. Where the difference in distribution of a decedent's estate as to step-children comes into play is usually in situations where a person writes a will and after that date, marries a spouse that has an existing child. Wills are often written to describe a person's children as ''issue,'' ''descendents,'' ''children,'' or ''heirs.'' With the existence of step-children, will interpretation becomes more difficult. Therefore, clearly drafting your will to either include or exclude step-children is very important.

Common Ways That Step-Children Are Provided for or Omitted

Generally it is not presumed that children or step-children were intentionally disinherited. Sometimes a person wishes to treat all children and step-children the same. Other times a person wants to provide differently for step-children than for his or her own children. This may be because the step-children have other financial resources due to their age or their inheritance rights from other portions of their own families. In the case where the person has children from his or her present marriage and wants to treat any step-children the same as his or her biological children, the will should include provisions for the step-children. In addition, to make the will as clear as possible, be sure that it will include all of the parent's children and step-children, and remember that the will should be updated if a new child is added to the family.

Specific Bequests

In some cases, a person specifically names his or her children as the beneficiaries of specific property or a portion of the estate. This is also true of step-children, they may be named as specific beneficiaries in the will. In other cases, a step-parent may wish to refer to the step-children by name and make them contingent beneficiaries, which means that they only receive estate property if their natural parent does not survive the person making the will.

Intent

Most states protect children by interpreting a will made before a child enters a family by presuming that the person making the will did not intend to disinherit the child or step-child. Often, the child who is unintentionally omitted or ''pretermitted'' receives what would be his or her intestate share had the testator died intestate. The intestate share is an portion, percentage or amount of estate property provided for by state law. The pretermitted child receives this share at the expense of the beneficiaries in the will. Many times giving a pretermitted child the equivalent of an intestate share is better than excluding the child totally but often is not what the testator would have chosen had he or she made a new will.

How a Lawyer Can Help

In order for a will to be valid its terms must be easily interpreted and able to be put into effect. A will must clearly state the conditions required for them to take effect. Remember, your will is going to be interpreted at some future date, by somebody that never knew you, and under circumstances that you may have not considered. Your will must be able to speak for you by being clearly expressed under the laws in effect in your state. Meeting with a lawyer should give you the peace of mind that your loved ones will be provided for and that your property will be distributed as you express in your will.

Questions for Your Attorney

• How can I be certain to include (or exclude) a step-child in my will?
• What evidence may be used to show my intent?
• If a step-child takes an allowance or an intestate share, what happens to the rest of my estate?
• Is a step-child included in the definition of "child," "descendant" or "issue?"
• May a step-child contest a will?
• May a pretermitted step-child contest a will??
• How would the share for a step-child be measured if he or she was excluded from the will?
• What about the shares of the other children??
• How will my other heirs be treated if I include (or exclude) a step-child?

Related Resources on Lawyers.com^sm

- What Happens if I Die Without a Will?
- When You Want to Provide for Your Children
- Will Basics
- Preparing a Will
- Transferring Property Outside Probate
- Wills and Probate: Selecting a Good Lawyer
- Visit our Message Board for more help