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∙ 2006-12-31 10:56:53Wills say it all, and that's why people should have one (even people in their 20s if they have personal posessions or property.) If this person in Virginia has left a Will, then the only way step-children would get any portion of the Estate is if that deceased has provided this in his/her Will. As step-children, and if you feel it's unfair then you can "contest this Will." If the person died intestate, a stepchild will be considered an heir by operation of law only if the stepchild was legally adopted by the deceased party. Otherwise the will determines who the heirs are.
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∙ 2006-12-31 10:56:53Bob Jones
Unless you legally adopted them your stepchildren are not your legal heirs.
Stepchildren would be heirs-at-law only if they had been legally adopted by the decedent. See the related question link provided below.
Step-children are not heirs-at-law unless they were legally adopted. When a person dies without a will their property passes to their heirs-at-law under the laws of intestacy. You can check the laws in your state at the related question link below.
Step children are considered heirs at law only if they were legally adopted.
They are natural heirs if their parents have passed away.
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.
When a person dies and has no heirs or next of kin their property "escheats" to the state.
The heirs of the deceased person.
The heirs must discuss that with the lender.
The heir deed is property that is actually divided among the legal heirs of the late person, according to his will.
The will is invalid and the forger (probably the person who benefited) has committed a crime. If no earlier, valid will can be found, then the person will probably be considered to have died intestate and the government/courts will decide who the heirs are and how much they will each get (after costs).