Legal Question in Wills and Trusts in Indiana

Listing step-children in a will

My step-mother has one living child from a previous marriage. My 3 siblings, myself, and her son are listed in her will as her children. All of our children are also listed as her grandchildren. The estate is to be divided equally between her children. Does their need to be a differentiation between her child and step-children? The 5 of us are adults, so their is no issues with minor children.


Asked on 4/05/02, 12:42 am

1 Answer from Attorneys
Mary Ann Wunder Wunder & Wunder

Re: Listing step-children in a will

As long as the will makes it clear that the term "children" as used in the residuary clause covers both natural children and step-children, then there would need to be no change. Also if she was your step-mother since you were infants (or small children under school age) you would benefit from a special tax status if your inheritance is very large.

Essentially, a descendent is entitled to $100,000 before inheritance tax attaches to the interest inherited. Step-children are not generally entitled to more than $100 before inheritance tax attaches, unless they were raised by the step-parent, a situation the tax laws call "in loco parentis".

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Answered on 4/05/02, 1:26 pm


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