So you want to leave everything you have equally to your children?  Sounds simple enough.  But, it isn’t always simple and requires some specific language in your estate plan. Wills and trusts typically identify beneficiaries as “all children then living” (at the time of the testator’s death). When most people say “my children” we immediately think of biological off-spring conceived with a partner of the opposite sex.  However, in today’s world of blended families and rapidly evolving medical technology, how a child comes to be one’s child can be achieved in many different ways.  Additionally, how the law identifies one’s child can vary from state to state.

Adoption

Adopted children are treated equally with biological children in most jurisdictions, and saying “my children” in a will or trust would generally include both biological children as well as adopted children. This legal recognition provided by a formal adoption is typically the parent’s intent.  A will or trust can provide extra clarity, just to be safe, by identifying “any children born to or adopted by” the parent.

Step-Children

While blended families are a very common family structure these days, step-children are not presumed by law to be children of the step-parent.  While the ‘step’ title may mean nothing to the parent in their relationship with the child, if they desire that their step-children be equally considered in their estate plan with their biological children, clear language expressing such intent is required.

Assisted Reproduction

Technological developments in the past few decades has provided parents with more options for growing their families, but also adds some new estate planning considerations.  As mentioned, wills and trusts typically identify beneficiaries as “all children then living” (at the time of the testator’s death). However, due to the ability to store and utilize genetic material even after death, biological offspring can be born after the passing of a biological parent.  Parents who have used assisted reproductive treatments need to pay special attention to include all of their children, and to ensure that “child” is clearly defined according to their wishes and non-genetic or posthumous children are not inadvertently disinherited.

What may seem like a simple decision, does have complicated implications if not properly addressed in your estate plan. If you want to ensure that all your children are properly provided for in your estate plan, get in touch with us. We’d be happy to help.