Stepchildren and Inheritance Rights

Blended families are becoming more common nowadays. Couples marry, have children and divorce. Some go on to marry others with children from previous relationships and they may even have children of their own together.

Some people automatically consider their children and their spouse’s children to be their own, but inheritance law does not operate under that assumption. Whether or not you are estate planning, you need to understand what the law states so you can avoid misunderstandings and conflicts after your death.

Inheritance rights in Florida are outlined in Chapter 732 Probate Code: Intestate Succession And Wills. It states that “any part of the estate of a decedent not effectively disposed of by will passes to the decedent’s heirs.” So if you die intestate (without a will), your estate will go to your heirs. The keyword here is “heirs.” Heirs are those who are biologically related to you.

This means the inheritance rights of stepchildren are not automatically the same as those of biological children. Stepchildren are not typically considered legal heirs under Florida law unless they are formally adopted by their stepparent. This means that if a stepparent dies without a will, the stepchildren have no legal claim to the estate.

To ensure stepchildren inherit, the stepparent must either complete a legal adoption or create an estate plan that explicitly includes the stepchild as a beneficiary. Here is a look at the legal rights of stepchildren in more detail.

Intestate Succession

If a person dies without a valid will, Florida law determines how the estate is distributed. In such cases, the estate typically passes to the surviving spouse and biological or legally adopted children.

Inheritance Through a Will or Trust

A stepparent can include a stepchild in their estate plan by explicitly naming them as a beneficiary in a will or trust. It’s crucial to use clear language, such as “my stepchild [name],” to avoid ambiguity. Vague terms like “my children” may not include stepchildren and can be contested.

Adoption and Inheritance Rights

When a stepparent legally adopts a stepchild, the adopted child gains the same inheritance rights as biological children under Florida law. This includes the right to inherit under intestate succession if the adopting parent dies without a will.

Financial Dependence Claims

A stepchild may be able to claim an inheritance if they can prove they were financially dependent on the deceased stepparent at the time of death. However, such a situation is rare and proving this type of claim is very complex and time-consuming.

Seek Legal Help

Knowing estate planning and inheritance law can help you and your loved ones avoid legal complications. If you have stepchildren, make sure their inheritances are spelled out in your will or trust or else they will receive nothing under Florida law.

Fort Lauderdale probate litigation lawyer Edward J. Jennings, P.A. is ready to provide skilled representation for your estate planning matter. We can assess your case and help you avoid conflicts. To schedule a consultation today, call 954-764-4330 or fill out the online form.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/0732.html