Do stepchildren inherit without a will?

By Richard C. Wilson

Start with intestacy and family ownership to compare family relationships, or read what a will controls when reviewing your plans.

• Do stepchildren inherit without a will in Wyoming?

  No, in Wyoming, stepchildren, foster children and their descendants do not inherit by intestate succession, and other states differ. Adoption establishes a different legal parent and child relationship.

• Does adoption establish inheritance rights in Wyoming?

  Yes, in Wyoming, an adopted person is the adopting parent’s child when establishing a parent and child relationship for intestate succession, and other states differ. Adoption by a natural parent’s spouse preserves the child’s inheritance relationship with that natural parent without denying inheritance from the adopting parent.

• Can an unfinished adoption count after a Minnesota stepparent dies?

  Yes. In Minnesota, for example, a child of a genetic parent who is in the process of being adopted by that parent’s spouse when the spouse dies is treated as adopted by the deceased spouse if the genetic parent survives that spouse by 120 hours and clear and convincing evidence establishes the deceased spouse’s intention to adopt, and other states differ.

  In Minnesota, for example, the statute also treats a child of assisted reproduction as adopted by a deceased spouse when the child’s relationship with a parent has been established under section 524.2-120, the child was in the process of being adopted by that parent’s spouse when the spouse died, the parent survives that spouse by 120 hours and clear and convincing evidence establishes the deceased spouse’s intention to adopt, and other states differ.

• What does the Massachusetts spouse share rule determine?

  The Massachusetts rule determines the surviving spouse’s share of the intestate estate. In Massachusetts, the surviving spouse receives the first $100,000 plus half the remaining intestate estate if all the decedent’s surviving descendants are also the spouse’s descendants and the spouse has at least one surviving descendant who is not the decedent’s descendant, and other states differ. In Massachusetts, the surviving spouse also receives the first $100,000 plus half the remaining intestate estate if at least one of the decedent’s surviving descendants is not the spouse’s descendant, and other states differ.

• Can a deceased spouse’s children inherit real estate in Virginia?

  Yes, in Virginia, a fallback through the decedent’s most recent deceased spouse’s family can allow that spouse’s children to inherit real estate passing by intestacy if the earlier spouse and descendant priorities are exhausted, neither side of the decedent’s parental kindred supplies an heir, and the decedent and that spouse were married when the spouse died, and other states differ. The spouse’s kindred take as if that spouse had died intestate entitled to the estate.

Wyoming: relatives who share one parent

In Wyoming, relatives who share one parent inherit the same share as relatives who share both parents, and other states differ. The statute separately excludes stepchildren, foster children and their descendants, so a step relationship does not receive this rule.

Virginia: adoption and biological parents

In Virginia, an adopted person is the adopting parent’s child and ordinarily is not the biological parents’ child when a parent and child relationship must be established to determine succession or a taking by, through or from a person, and other states differ. Adoption by a biological parent’s spouse preserves the relationship with either biological parent and does not remove the adopting parent’s status.

Virginia: a surviving spouse’s real estate share

In Virginia, when real estate is not effectively disposed of by will and the decedent leaves a surviving spouse and children or their descendants, at least one of whom is not also the spouse’s child or descendant, the spouse receives one third and the decedent’s children and their descendants receive two thirds, and other states differ. The division described here applies to real estate.