Legal Question in Wills and Trusts in Arizona

Rights of step children to inherit

if a parent dies before a step parent and the step parent has no children but gives a durable power of attorney to the step child does the step child inherit the estate or would a nephew inherit the estate


Asked on 12/21/06, 6:59 am

1 Answer from Attorneys

James Jenkins Jenkins Law Center PLC

Re: Rights of step children to inherit

A step child does not inherit under laws of intestacy from a step parent. I presume all these people who died had no will. With a will, it goes to the named beneficiaries. Here is another illustration of the need for everyone to have a will, particularly in second marriage situations.

The power of attorney does not alter inheritance. It is an agency during the life of the principal, and lapses upon the death of the principal. The agent does not inherit the estate by virtue of a power of attorney. The step parent would not necessarily inherit all the property of the parent, depending upon the facts, unless the property was in joint tenancy with right of survivorship or P.O.D. status.

You should consult with an estate attorney to present the full facts and get a complete opinion. Not all the facts of the case are available in your question.

Best regards.

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Answered on 12/21/06, 11:03 am


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