Stepparents often fill the same role as legal or biological parents. They spend every day with their stepchildren. They provide them with guidance, comfort and financial support. They love and care for their stepchildren and may view them as an integral part of the family.
Stepchildren who have close connections with their stepparents might expect to inherit from their estate when they die. Do stepchildren have the right to inherit property owned by a stepparent after their passing?
People can choose who inherits their property
Technically, most adults have the legal authority necessary to decide exactly what happened with their assets after their death. They can name as many beneficiaries as they want and clarify which resources they should inherit. So long as a testator drafts legally sound documents, they can make legacy choices that benefit anyone of their choosing.
A stepparent establishing an estate plan can choose to leave assets for their stepchildren. They could leave their stepchildren equal inheritances when compared with their biological children or may allocate assets that have emotional value to them.
However, they do not have any obligation to leave an inheritance for their stepchildren. Stepchildren left out of an estate plan do not necessarily have the option of contesting the will due to their omission. Their inheritance largely depends on the goodwill of their stepparent.
If a stepparent dies without an estate plan, then their stepchildren are unlikely to inherit anything directly. Instead, any assets in their estate may pass to their surviving spouse and any surviving children of their own. The stepchildren may indirectly inherit if their parent is the primary or sole beneficiary of the intestate estate.
It is usually important for those starting blended families to consider what might happen if either parent dies. The whole family may need to discuss estate plans to ensure there are no unrealistic expectations. Stepparents frequently need to update their estate planning documents to protect their stepchildren or to clarify who they have selected as beneficiaries.
Remarrying is one of many circumstances that can make creating or updating an estate plan beneficial. Stepparents and others in complicated family situations often benefit from taking the initiative to establish a custom estate plan.
