I just created a will. My intention is to distribute everything equally to my four children if my wife dies before me. However, only two of the children are my biological children. Will this version of the will cover this case?
I just created a will. My intention is to distribute everything equally to my four children if my wife dies before me. However, only two of the children are my biological children. Will this version of the will cover this case?
14
4
Solved
Yes — in addition to the example above, you could include something like:
“For the purposes of this will, I refer to [Names of stepchildren] as my children, and I intend for them to inherit in equal shares along with my biological children.”
That helps eliminate confusion, especially during probate.
0
Last Will and Testament
Create Document
Full Conversation
I just created a will. My intention is to distribute everything equally to my four children if my wife dies before me. However, only two of the children are my biological children. Will this version of the will cover this case?
Lexi, Chatbot
I understand your concern. Have you specified in your will how you would like your assets to be distributed if your wife predeceases you?
Yes — I said “heirs at law.”
Lexi, Chatbot
Have you clearly outlined the relationship of each child in your will to ensure your wishes are accurately reflected?
Perhaps not.
Lexi, Chatbot
Is there anything else the estate lawyer should know before I connect you? Rest assured they’ll be able to help with your will distribution.
I have a second wife. I have two biological children, and she has two adult children. I did not adopt them.
Elizabeth
Welcome and thank you for using AskaLawyer. My name is Liz, and I’m the attorney who will be assisting you with your legal question. I know this can feel confusing — I’m here to help!
Let me ask you a quick clarification question:
In your will, do you specifically name the four children?
No — I just referred to “heirs at law.”
Elizabeth
Okay, that’s helpful to know.
It’s important to note: stepchildren are not typically considered heirs at law unless you have legally adopted them. So, if your will uses only the phrase “heirs at law”, only your biological and legally adopted children will be included by default — your stepchildren would be excluded.
If your intention is to treat all four children equally, you should specifically name them in your will, and clarify the relationship to avoid confusion.
You could use language like:
“I leave my estate in equal shares to my children: [Name A], [Name B], and my stepchildren [Name C] and [Name D], to be treated equally in all respects.”
That way, your wishes are crystal clear, and there’s no question about who you intended to include.
Ok… is there alternate language I could use?
Elizabeth
Yes — in addition to the example above, you could include something like:
“For the purposes of this will, I refer to [Names of stepchildren] as my children, and I intend for them to inherit in equal shares along with my biological children.”
That helps eliminate confusion, especially during probate.
Ok, great… many thanks.
Elizabeth
You’re very welcome! Let me know if you have any follow-up questions anytime. Wishing you all the best with your estate planning.
Elizabeth
40,904 satisfied customers
5 lawyers online now
15
6
Answered 4 days ago
Disclaimer
By messaging AskaLawyer.com, you agree to our Terms and have read our Privacy Policy.
The information provided on AskaLawyer.com is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and timeliness of the information presented, we make no guarantees regarding its completeness or applicability to your specific circumstances.
Use of this website does not create an attorney-client relationship between you and AskaLawyer.com or any of its attorneys. Communications through this website, including any responses from attorneys, are not privileged or confidential. For advice tailored to your individual situation, we recommend consulting a licensed attorney in your jurisdiction.
AskaLawyer.com disclaims any liability for actions taken or not taken based on the content of this site. We are not responsible for any third-party content that may be accessed through this website. Reliance on any information provided herein is solely at your own risk.
