How do state laws of intestacy apply to stepchildren?
In California, the laws of intestacy, or rules for how assets will be distributed if a person dies without a will, apply to stepchildren in certain situations. If a stepparent has legally adopted a stepchild, then the stepchild is considered to be the same as a biological child and will be treated as such in the eyes of the law. Therefore, the stepchild would be entitled to receive assets, as specified by the laws of intestacy. If a stepparent has not legally adopted the stepchild, then the stepchild would not be treated as a biological child in the eyes of the law and therefore would not be entitled to receive assets under the laws of intestacy. In California, if a stepchild wants to inherit from a stepparent who has passed away without a will, the stepchild must prove that the deceased person provided for the stepchild in their lifetime. This can be done by showing that the deceased person made gifts to the stepchild, such as money or other assets, or took other actions to provide for the child’s future. Therefore, in California, the laws of intestacy do not automatically apply to stepchildren if they have not been legally adopted by the stepparent. However, if a stepparent had taken other actions in life to provide for their stepchild, the stepchild might be able to prove that they should receive assets from the estate.
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