Say that you are part of a blended family, in which you and/or your spouse were previously married and have children from those previous relationships. With this, you and your spouse may have had children together during your marriage. Now, you may care for your children and stepchildren equally. However, you may need to give your stepchildren extra attention in your estate planning documents. This is because Florida estate law may not grant the same protections to your stepchildren as your children. Without further ado, please read on to discover how to guarantee your stepchildren will receive their promised inheritances and how a seasoned Broward County remarriage protection lawyer at The Probate Lawyers can help make this possible.
Which of my children has the strongest inheritance rights in Florida?
Even on the off-chance you do not establish a valid and enforceable estate plan on time, your children may automatically be eligible to inherit your estate. However, Florida’s intestacy laws do not treat all your children equally. In fact, these laws may not even acknowledge your stepchildren as part of this succession order. With that being said, below are the children who have the strongest inheritance rights in the state of Florida:
- Your biological children who were born within or outside of your marriage.
- Your children whom you have legally adopted.
- Your children who were conceived before your death but born afterward.
It is worth mentioning that your biological children who have since been put up for adoption are ineligible for inheritances. The same goes for your foster children with whom you never took the extra step in legally adopting them.
How do I ensure my stepchildren receive their inheritances?
One way to ensure your stepchildren inherit part of your estate without complications is if you legally adopt them. But if this is not doable, then you may make a conscious effort to designate them as beneficiaries in your estate plan. Specifically, you may name them as beneficiaries in your Last Will and Testament and list out the specific assets you wish for them to inherit upon your unfortunate passing. With this, it is best to name your stepchildren individually instead of as a collective group, to avoid confusion and disputes down the line.
Or, the same way you may have set up trusts for your children, you may set up trusts for your stepchildren. This way, these assets may be protected from outside intervention and distributed to them appropriately. All the while, you may allow your stepchildren to avoid contention with your children or other family members in the probate process.
Ultimately, taking estate planning measures is always more effective than making oral and informal written agreements among your children and stepchildren. But if you still find yourself at a crossroads, please seek the sound advisement of a competent Broward County estate lawyer. Someone at The Probate Lawyers will stand by your side at a moment’s notice.
