Stepchildren and Wills have to be specifically addressed in estate planning. A Health and Retirement Study conducted from 1995 to 2010, addresses a growing trend regarding stepchildren and wills. Of people in the age groups over 50 years old, 40% had no will or last testament. This could cause a unique problem for families that include genetic and step-children and wills. If a person dies intestate, or without a will, then a stepchild will receive no portion of the estate. There are however, ways to change this.
Intestate Laws in Oklahoma and Stepchildren
The law in Oklahoma does not directly state and address stepchildren in intestate succession. (See 84 O.S. § 213 for Oklahoma intestate laws.) Basically, because the law does not address this subject, stepchildren are not in estate inheritance lines when a will is nonexistent. So, if a stepparent wants to ensure a stepchild receives an inheritance, they must create a will.
The law provides multiple avenues for a person to bequeath their estate. In Oklahoma, you may use a trust, a holographic will, or a written legal will. While each option has specific requirements and can have perks, we recommend a written will. Wills prepared by an attorney are the most legally solid documents you can make. Otherwise, if your will does not entirely meet the requirements of a will by law, your entire estate could go into intestate status. Once this happens, your stepchildren lose all rights of inheritance.
Importance of Stepchildren and Wills in Wagoner County
In Wagoner County, as in many other jurisdictions, the importance of including stepchildren in wills is often overlooked. Making sure the will lists them ensures clarity and fairness in the distribution of assets. Therefore, this minimizes potential conflicts among family members after the passing of a loved one. Specifically for stepchildren, who might not automatically receive recognition under state inheritance laws, adding them in a will can provide them with legal and financial security. This affirms their place and value within the blending of the family structure. It also allows the testator to express their wishes unambiguously. This helps make sure that their assets distribute according to their personal relationships and affections, rather than being strictly governed by biological ties. This is particularly crucial in a close-knit community, where familial bonds and legacies hold significant cultural and social value. Thereby this reinforces the need for clear estate planning and testamentary intentions. A Wagoner County attorney with estate planning expertise can help you to assert your intentions in your will properly and accurately.
See more on the Wagoner Attorneys Blog.
Wagoner County Support in Estate Planning
Inheritance laws are tedious and can be very complex. Our Wagoner Estate Planning Attorneys have years of legal experience drafting and executing wills for clients. We understand the value of having a solid document that stands up in court. We can ensure your stepchildren are in it. Don’t let a small mistake invalidate your entire will and end up costing your loved ones thousands. Stepchildren and Wills must receive special handling. We can provide you a complete and valid will in a quick turnaround, and have notaries in our office. Your first consultation is free, just call us at 918-283-7394. If you have a legal question, you can also Ask A Lawyer here.
