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?
March 23, 2025
14
4
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.
Upvote if this is a clear answer
Downvote if this is not a clear answer
Create DocumentFull 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?
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.”
Have you clearly outlined the relationship of each child in your will to ensure your wishes are accurately reflected?
Perhaps not.
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.
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.”
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?
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.
You’re very welcome! Let me know if you have any follow-up questions anytime. Wishing you all the best with your estate planning.
