QUESTION
Can a step child inherit from a deceased stepparent?
Asked on Jan 15th, 2014 on Estate Planning - Louisiana
More details to this question:
Step parent died without a will, leaving a residence. Step child lived with step parent from the age of 5, in a small community, went to school there, and was involved in community life. All of community thought child was natural child of step parent. Step child visited step parent often, from all over the world, where step child worked, and was very close to step parent and in the end stage of life, step child took care of step parent health needs and managed some financial affairs remaining estate is a residence of about $125,000.
15 ANSWERS
General Practice Attorney serving Canton, MI
at
James F. Malinowski
Update Your Profile
A step child is not an Heir. If there was no will, the step child will receive nothing.
Answered on Jan 17th, 2014 at 8:28 PM
Probate Attorney serving St. Louis, MO
at
Edward L. Armstrong, P.C.
Update Your Profile
In posting your question you did not indicate whether or not the step child had been adopted by the deceased stepparent. If the step child had been adopted then he or she would be one of step parents heirs at law and would stand to inherit his or her proportional share of the deceased stepparent's estate. You also did not mention what other relatives were living at the time stepparent died. You should probably retain counsel. From a legal standpoint stepchild would not be entitled to inherit if stepchild had never been adopted by step parent.
Answered on Jan 17th, 2014 at 4:35 AM
2 Awards
Without a will, no.
Answered on Jan 17th, 2014 at 4:28 AM
Personal Injury Attorney serving Marksville, LA
at
The Bryan Law Firm L.L.C.
Update Your Profile
A step-child would not inherit from a step-parent without the step-parent having a will.
Answered on Jan 16th, 2014 at 9:42 PM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
Without a will, no, step child cannot inherit.
Answered on Jan 16th, 2014 at 9:41 PM
Business Law Attorney serving Bingham Farms, MI
at
James T. Weiner, P.C.
Update Your Profile
Without a will generally not unfortunately for you in this instance.
Answered on Jan 16th, 2014 at 9:39 PM
Commercial Attorney serving Chicago, IL
at
Ashcraft & Ashcraft, Ltd.
Update Your Profile
Only natural born children and adopted children can be heirs of a decedent. If the step child was not adopted then the step child is not an heir, except in so far as the step child may succeed to whatever interest the parent may have in the estate of the now deceased spouse of the parent. If there is no will the statute on descent and distribution controls who will receive the assets of the estate. If the real property was owned solely by the step parent then the real property is an asset of the estate. Depending on the nature of the services provided the step parent and the existence of an agreement between the step child and the step parent, the step child may have a claim against the estate.
Answered on Jan 16th, 2014 at 9:38 PM
Probably not. Usually heirs are limited by state statute to children by birth or children who have been legally adopted.
Answered on Jan 16th, 2014 at 9:38 PM
Corporate & Incorporation Attorney serving Huntersville, NC
at
Elliott Law Firm, P.C.
Update Your Profile
No in the absence of a Will, only blood related heirs take in NC.
Answered on Jan 16th, 2014 at 9:37 PM
You need to see a probate, but yes stepchildren have rights.
Answered on Jan 16th, 2014 at 9:37 PM
An adopted child is considered the same as a child of that person's body. So if you were adopted by the step-father, you are an heir. In CA, the house would have to go through probate; if that is the only significant asset, and you are the only heir, you should be able to get the Court to appoint you administrator and you should be able to handle the probate yourself. To change title to the property, probate is necessary.
Answered on Jan 16th, 2014 at 9:36 PM
Business Planning Attorney serving Livonia, MI
at
Frederick & Frederick Attorneys at Law
Update Your Profile
The answer is no, in Michigan and most other states. There are a number of ways the stepparent could have taken care of this and provided for the child. At this point, there is not much the stepchild can do. There may be some equitable arguments, but in all likelihood, the stepchild is without recourse. I am sorry I could not give you a more reassuring answer. In cases like this, the estate planning is even more important than usual.
Answered on Jan 16th, 2014 at 9:35 PM
3 Awards
I am sorry for your loss. In Nevada the step child does not have any rights to an inheritance.
Answered on Jan 16th, 2014 at 9:34 PM
General Civil Trial Practice Attorney serving Beaverton, OR
at
Vincent J. Bernabei, LLC
Update Your Profile
The step child (not adopted by the step parent) is not entitled to an inheritance from a step parent unless the step parent has a will that provides for the step child.
Answered on Jan 16th, 2014 at 9:33 PM
Probate Attorney serving New Orleans, LA
at
James G. Maguire
Update Your Profile
A stepchild cannot inherit from a stepparent, unless the stepparent made stepchild a legatee in his will.
Answered on Jan 16th, 2014 at 9:33 PM