How do state laws of intestacy apply to stepchildren?
In Washington, state laws of intestacy apply differently to stepchildren than to biological children. Under the state’s intestate succession laws, a stepchild does not inherit anything from their step parent unless the step parent has legally adopted them. When this is the case, the stepchild will be considered a legal heir and would have the same rights as a biological child when it comes to inheriting from their parent. If the step parent has not legally adopted the stepchild, the state dictate that the stepchild does not automatically have the right to inherit the step parent’s estate. The situation is instead comparable to if the step parent had died without a will or other estate plan in place. In these cases, the stepchild generally cannot take any direct benefits from the step parent’s estate. There is also an important distinction in Washington between different types of stepchildren. Those stepchildren who were adopted by the step parent before their 18th birthday are considered “child” stepchildren, while those adopted after their 18th birthday are considered “adult” stepchildren. If a stepchild is an adult stepchild, the step parent must have put their name on the adoption record for them to be considered a legal heir. In Washington, stepchildren have fewer rights when it comes to intestate succession than biological children. If a step parent dies without a will, their assets will have to be divided and distributed according to state laws. Stepchildren will not be able to take any direct benefits from the step parent’s estate unless the step parent had legally adopted them.
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