Can step children inherit if they are adults when they become step children?

Question

Parent is thinking of marrying and his fiance is threatening to change her daughter's name to his. Her daughter is over 21 and is not handicapped in any way. Will she be able to inherit as a child?

Christine Socrates · Answer

Your father can allow her to inherit if he names her as a beneficiary of an asset or names her in his will. If he legally adopted her, she would be able to inherit even if he did not have a will.

James Weiner · Answer

Not from dad.. unless she is in the will but if dad dies first, step mom may get 1/2 of his assets.. so she may eventually get it through step mom.  TELL HIM TO GET A PRENUPTUAL AGREEMENT BEFORE MARRIAGE.

Maura Curran · Answer

A step-child or step-parent do not have rights by virtue of intestacy laws. Further, merely changing a name also does not provide any legal rights to a step-parent or step-child estate.    In addition, an adult child (over 18 years of age) has no legal right to a parents estate should the parent desire not to include them in the will. However, if there is no will or there are other extenuating circumstances, then an adult child may have rights.    To find out what would accomplish your goal for your estate, you need to discuss the circumstances with your attorney while preparing your will.

Nathan Wagner · Answer

In general, step children do not inherit from their step parents, no matter how old they are. They would inherit only if the step parent adopts them, or leaves them an inheritance in their will or trust. Name changes have no effect on who inherits.

James Oberholtzer · Answer

Step children do not have any automatic inheritance rights.  They must be adopted to become heirs.

James Frederick · Answer

No. But the parents (or stepparents) are free to leave their estate any way they want. Children are not entitled to anything. Neither are stepchildren. In cases where there are blended families, it is even more important than normal to make sure that the estate planning gets done.

Dara J. Goldsmith · Answer

She would need to be adopted.  Adults may be adopted.

Victor Waid · Answer

Not unless you name her in the will or trust and state what your intentions are toward her, if any, as a gift beneficiary. As an adult she is no longer a step child.

Georges Shers · Answer

Not from your father, as she must be adopted and many states probably do not allow the adopting of adults [CA does not]. You can use an name you want in the USA, so her changing her name per se has no effect. If your father want to prevent her from claiming any part of his assets, he should set up a trust leaving his assets to whom ever he wants on his death. If she is really threatening him then perhaps they should not get married, but certainly should have an open, complete discussion of their assets and future finances [and perhaps a pre-nuptial].

Mark T. Peters · Answer

Only if he adopts her or he dies first and leaves everything to his wife.

Jeffrey Strickland · Answer

Unless the step-parent adopts the child (no matter the age) or bequeaths something to the step-child, the step-child has no right to an inheritance. That being said, unless there is a prenuptial agreement between the persons to be married, the step-child could ultimately inherit something if their parent survives the step-parent. This is due to the parent being eligible for elective share of the estate, with the percentage of the estate based upon length of marriage.

Randall Romei · Answer

Changing a name is meaningless. If your father has no will then his assets are distributed pursuant to the statute on descent and distribution. If married and having had children, then half to wife and half to children born to or adopted by your father. Stepchild receives nothing unless properly adopted or via legacy in a will.

Thomas Edward Gates · Answer

Age does not define ones ability to be a beneficiary. The person's will will define who are the beneficiaries. If there is no will, state statue defines how an estate is probated intestate (without a will).

Christine James · Answer

Step children have no right of inheritance if they are children or adults. Only biological and adopted children inherit. If a step parent want's a step child to inherit, he/she must do a will or trust including that child.

John Brennan · Answer

By will, yes, but not by law unless adopted. People marrying with children from other unions should always see an attorney regarding inheritance issues.

Brian Haggerty · Answer

Step children only inherit (by intestacy) if they are legally adopted essentially, they are then children of the person adopting. Whenever there is a second-marriage situation, both spouse need to have wills as part of a carefully worked out estate plan. This is the only way to make sure that each spouse's family inherits the "right" assets.

Jayne Sebby · Answer

Stepchildren are usually not considered direct descendants of a parent. As the fiance's daughter is legally an adult, only she can choose to change her last name; mom has no say in it. The only way the stepdaughter can be sure of inheriting anything from step dad is if he specifically names her in his will as a beneficiary.

Find a Lawyer

Ask a Lawyer

Read Legal Articles

Ask a Lawyer

Read Legal Articles

Can step children inherit if they are adults when they become step children?

17 ANSWERS

Find Local Estate Planning Lawyers

Helpful Resources

Ask a Lawyer