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The children are entitled to an interest if they are minors in most states, adult children are treated differently. You need to consult with an attorney who is familiar with the laws in your state. You can check your state laws of intestacy (without a will) at the related question link provided below.

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13y ago
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14y ago

Generally the surviving stepchild/children need to have been legally adopted by the non biological parent or named in the Will of the deceased stepfather. However, in some states stepchildren who do not qualify under the aforementioned terms will be included in the probate right of succession process.

The interested party should contact a licensed probate attorney in the state in which the deceased resided at time of death for specific information. The majority of attorneys offer free or minimal fee consultations.

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16y ago

Yes, they do.

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Q: Do stepchildren have rights to the estate of their stepfather?
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Do stepchildren have rights to the estate of their stepfather in California?

No. Not unless they were legally adopted by him and then depending on their ages and state laws.


Do step children have rights to probate step fathers will?

Does stepchildren have right to there stepfather will


Do stepchildren have rights to the estate of their stepmother in Kentucky?

To some degree, this will depend upon how the will was written as well as the legal relationship between the stepchildren and the stepmother. If the stepmother officially adopted the stepchildren, then they have rights to the estate unless specifically denied them in a valid will. If the stepchildren were never officially adopted by the stepmother and the will does not provide for them, they may have no rights to the estate.


Is a stepfather legally the parent of his stepchildren?

In most countries, only if he officially adopted them.


Are your stepchildren entitled to your estate?

In most cases, stepchildren are not automatically entitled to inherit from your estate unless you specifically include them in your will or estate plan. If you wish for your stepchildren to receive any of your assets upon your passing, you should outline your intentions in a legally binding document like a will or trust. Consulting with an estate planning attorney can help you ensure that your wishes are carried out effectively.


Do stepchildren have dual citizenship when the mother is a US citizen and the stepfather a Canadian citizen?

If the stepfather has legal paper for custody, then the children under 18 are eligible for Canadian citizenship.


If your birth father allowed your stepfather to adopt you do you have rights to your birth fathers estate?

If your birth father allowed your step father to adopt you, you do not have rights to your birth father's estate where I am sitting; however, 10 feet behind me you do. See a lawyer.


Does a stepfather have visitation rights to his stepson after a divorce?

No, a stepfather will not have visitation rights to his stepson after a divorce. The mother can always allow the stepfather to visit if she wants.


Does a stepfather have rights to property if mother had a life estate?

No. Mother's life estate is extinguished upon her death. Her husband would have no rights in the property whatsoever.No. Mother's life estate is extinguished upon her death. Her husband would have no rights in the property whatsoever.No. Mother's life estate is extinguished upon her death. Her husband would have no rights in the property whatsoever.No. Mother's life estate is extinguished upon her death. Her husband would have no rights in the property whatsoever.


Are you entitled to any of your step father's estate?

Generally, you would be considered an heir at law only if you were legally adopted and only to the extent provided by the laws in your jurisdiction unless you are mentioned as a beneficiary under the will. In New Jersey even if you were not adopted you would be entitled to a share of your stepfather's estate only on the slight condition that there is no will, no surviving spouse or domestic partner, no surviving descendants and no surviving grandparents or descendants of grandparents. NJSA 3B:5-4(f). This statue does not make stepchildren heirs at law on a par with natural and adopted children. Natural and adopted children (and their descendants) will still take to the exclusion of stepchildren. It merely saves an estate from escheating to the state in absence of heirs at law and gives it to stepchildren rather than to the state.


Would stepchildren inherit estate if no will is found?

In most cases, stepchildren would not inherit from a step-parent's estate if there is no will specifying them as beneficiaries. Without a will, the laws of intestacy in the state where the deceased lived would typically determine who inherits the estate, with priority generally given to legal relatives such as children, spouses, or parents. Stepchildren are not considered legal heirs unless specifically named in a will.


Do Step parents have rights rights during a divorce in Georgia in regards to her stepchildren?

No, they are not theirs. 'Nuff said.