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What happens when a stepparent dies without a will does that stepparents' biological children get anything?
Wiki User
∙ 15y ago
Issues such as these always depend on the state involved; however, it is safe to say that a step-parent's biological children will get all of the estate to the exclusion of step-children, even if the biological children are estranged from the decedent and the step-child is for all intents and purposes, like a child to the decedent. A stepchild is not considered an heir to a decedent because there is no blood or adoptive relation. In other words, no true legal relation. Some states have made some provisions for stepchildren to inherit part of an intestate estate. In New Jersey, a step-child may inherit part of a step-parent's intestate estate only if the decedent has no descendants and if there are no descendants of any grandparent. Thus, In NJ, no step-child may inherit any part of a step-parent's estate if there are biological children.
Wiki User
∙ 15y ago
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Can grandparent come and take a child from a stepparent if biological parent dies?
Not for final full custody. The court has to decide who the children will go to. If they have lived with stepparent for years and know him/her as a parent the stepparent have a chance for custody. If the biological parent have left a will with his/hers wishes, it will also play a part. It's all about what is best for the children. Get a lawyer.
What makes a stepparent?
If a biological dad has custody and placement of his children and the mother remarries, is the her new husband suddenly a stepfather?
How can you get custody of a stepchild if father is willing?
Unfortunately you'll have to retain a lawyer and fight in court over this one. You may get off lucky and if no one fights you on your decision it could go smoothly. Good luck Marcy * In the U.S., stepparents have no legal rights to the child or children of a spouse. The exception is the voluntary relinquishment of parental rights by the other biological parent or forced termination of rights by the court, thereby allowing the child to be adopted by a stepparent. Even in cases where both biological parents are deceased, a stepparent will only be considered if there are not blood relatives willing to accept the responsibility of the child/children.
Can my children stay and live with their stepfather when I die?
They can, but only if the biological father and both sets of grandparents (if alive) dont argue it. The biological father has rights over the children, the stepparents DO NOT unless the children have been legally adopted. It gets even trickier depending on the state and county and if there is a custody agreement.
Are the biological children entitled to anything if a father dies and only leaves his adopted children money?
Perhaps, but not necessarily. Adopted children are the same as biological children when it comes to inheritance.
Can a child chose to have a stepparent adopt them?
The court will let children ages 10 speak their mind but it is always the biological parents who have a say first. But no court will allow adoption if the child is against it from ages 10 and up.
Can a biological parent that allowed the stepparent to adopt her children get the children back due to mental cruelty and abuse even though she gave up her rights and the children are 14 and 16?
No. To get them back would be an uphill battle and cost a lot of money - which may end up wasted if that biological parent loses. Signing over rights and allowing an adoption to be finalized is a very final thing.
If you feel your young child is at jeopardy of mental abuse or neglect while in the presence of a stepparent can you prevent said stepparent from being present during visitation?
You must retain an attorney immediately and get a restraining order if you suspect any kind of abuse that involves a child. The stepparent has NO right to be in the presence of children unless that is the stepparent's home, then the child should NOT be there under ANY circumstances.
Where are the biological children of Jesus?
Jesus do not have biological children.
Does a stepparent have any legal rights to their stepchildren in Washington State?
No. A adult has no legal rights in regards to non biological children of any relationship status, ( legal marriage, common law marriage, significant other live-in, same-sex unions, etc.
Can you pay child support for kids from prior relationship if you get divorced?
You cannot be made to pay support for children who are not yours.A stepparent can be required to pay under limit circumstances.Answer to the QuestionYes. If you have children from a prior relationship then you must support them if you get divorced. You are required to pay child support for any of your biological children regardless of your marriage status. The court will enter a child support order.
Does a step parent have visitation rights if the parent they are married to is away?
None unless the custodial parent agrees to visitation. Stepparents have no rights concerning a non-biological child unless the court grants them guardianship.
