That means the step-parent can do anything she likes with the assets—including kicking you out of the estate plan. When assets are given outright to a step-parent, the step-parent can leave those assets to whomever she likes, and exclude you in the process.
In fact, California law states that stepchildren do not inherit until all of the relatives directly related to the stepparent – or relatives descended from the stepparent's grandparents – receive property. This can even apply if your stepparent inherited your biological parent's assets upon their passing.
Stepchildren do not have inheritance rights unless you have legally adopted them. If you want your stepchildren to inherit from you, you must specifically name them as beneficiaries using at least one estate planning tool, such as a will, trust, or beneficiary designation.
When your father has a Will or Trust that leaves everything to his step-parent, then the entire ownership of all the assets passes to his step-parent upon his death. As a result, the step-parent has the ability to dispose of the assets she likes, including kicking you out of the estate plan if she wishes.
Yes. A step child is entitled to contest their step parent's will (or if there is no will, the intestacy rules) by bringing a claim under the Inheritance Act and we have recently succeeded in just such a claim, winning the step child's case at trial.
Stepchildren Can Contest a Will If They Are Named Beneficiaries Of a Prior Will. In modern families, it is common for stepchildren to be treated as full biological children for all purposes, including inheritance purposes.
In these situations, the next of kin would usually be determined by the intestacy laws and whoever would be legally considered entitled to inherit the bulk of the person's estate. In these situations, unmarried partners and/or step-children (unless legally adopted) would not be eligible to act as next of kin.
To ensure that your stepchildren do not inherit from your estate, you may wish to revise your current will or make a new will specifically excluding them by name. You may also wish to remove your stepchildren's names from all other estate planning, joint ownership and financial documents.
There's still hope in maintaining a relationship with them and showing them support even after the death. This may take some coordination and cooperation from all involved parties, but it's possible to continue to have a loving and supportive relationship throughout the years.
Stepparents as Legal Guardians A stepparent may be appointed a legal guardian for the child, but the biological parents are still legally and financially responsible for the children. However, if something were to happen to the parents, there is a bit more legal room for the stepparent to have rights.
Unlike biological parents, a step-parent cannot obtain parental responsibility simply by marrying the child's biological parent. There are however various ways in which a step-parent can obtain parental responsibility for their stepchild.
Using a Marital Bypass Trust prevents your assets from ending up in the hands of the your stepchildren, your new spouse's, or perhaps even another person if your new spouse remarries.