Do non-biological adult children from a marriage have any rights over an estate?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Do non-biological adult children from a marriage have any rights over an estate?
married a lady who had 2 adult children. She passed away less than 4 years of marriage. Her belongings were given to her kids as stated in her Will. Currently there are no issues with this. I am preparing my own will now and am questioning if I need to list them as living children of mine if I do not wish to pass anything on to them. Do they have an legal rights to my estate? I am also moving on with life and making a life with a new lady that has 2 adult children. Not that she has anything against the kids from my first marriage but, she worries that if something happens to me that the children from the first marriage could take claim of her belongings on my property.
Asked on March 26, 2016 under Estate Planning, Wisconsin
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Her children by a different father are not entitled to any of your estate unless you 1) adopted them (being a step-father does not count for this purpose; only actual adoption) or 2) named them in your will. Otherwise, no matter the closeness or nature of your relationship with her, they are not entitled to your estate; step-children are not legally children for this purpose.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.