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Do Stepchildren Have Inheritance Rights?

Nashville Blog 2016 November Do Stepchildren Have Inheritance Rights?
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Do Stepchildren Have Inheritance Rights?

Posted By David Whittaker, Attorney at Law || 16-Nov-2016

Since divorce has become more socially acceptable in the United States over the past 40 years, we have seen an explosion in blended families. Surely, you know plenty of people who are divorced and there is a very high chance that someone in your family has stepchildren. Maybe that person is you.

Families can certainly be complicated, especially when you have children from a previous marriage, and stepchildren from a second or subsequent marriage. Sometimes, people barely know their biological children from their first marriage, especially when the children were born when the parents were very young, or when a father is a victim of parental alienation.

As an estate planning and probate attorney, I see all different types of family situations. Intact families these days almost seem to be the exception, rather than the norm.

Since stepchildren can hold a very special place in the hearts of stepmothers and stepfathers, I wanted to discuss their inheritance rights under the law, and to do this I’m going to describe what could happen if a stepparent fails to draft an estate plan.

A Stepfather’s Mistake

Let’s say that Robert was just 20 in 1978 when he married his first wife Sue. A year later, Robert and Sue welcomed a son and a two years later, the couple welcomed a daughter. It wasn’t long before Robert and Sue realized that they were incompatible and the marriage quickly unraveled.

In 1982, the couple divorced and a few years later Robert met the true love of his life, Anne, and married her. Though Sue was the one to file for divorce, she became very jealous of Robert’s new wife and decided not to let Robert see his children. In fact, Sue launched a full-blown smear campaign against Robert and it wasn’t long before his own children refused to visit with him.

Meanwhile, Robert cared deeply for Anne’s 2-year-old daughter Sofia, whose biological father abandoned her and her mother when she was born. Robert raised Sofia as his own and she grew up to be a wonderful stepdaughter. Robert was happy to pay for her college education and her beautiful wedding.

One day, Robert is killed in a tragic car accident. Though Robert was intelligent, he never got around to creating an estate plan, so he died intestate (without a will). He thought he had plenty of time.

Under Tennessee’s intestate succession laws, Robert’s estate would be divided equally between his surviving spouse and his two biological children, who he hasn’t spoken to in over 30 years. Now his stepdaughter who Robert raised since she was a toddler, wouldn’t be entitled to any of his estate.

Under the intestate succession laws, stepchildren are not entitled to a stepparent’s estate. The only ways that a stepchild would receive any of their stepparent’s inheritance are if: 1) the stepparent legally adopted the stepchild, or 2) the stepparent specifically included their stepchild in their will or trust.

Since Robert never adopted his stepdaughter and he didn’t have a will, Sofia did not inherit any of his estate. Instead, his biological children, who are strangers at this point, stand to inherit a large portion of his estate. So stepparents, let this be a lesson!

If you are a stepparent who wishes to bequeath assets to your stepchildren, you will have to specifically do so in an estate plan, and I can help you with that. Call my Nashville estate planning firm to schedule your free initial consultation!

Categories: Inheritance, Trusts, Wills, Estate Planning, Intestate Estates, Stepchildren, Blended Families

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David Whittaker, Attorney at Law

Call Today: (888) 492-4735

David Whittaker, Attorney at Law - Nashville Probate Attorney
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