Legal Question in Wills and Trusts in California
step child
Is a step child entilted to deceased assets if she is the only living relative.? There was a court appointed coustdian in place. Also, property involved that supposibly the buyer of the property received cash assets as well as the property became paid off even though money was still owed. Is this allowed.?
3 Answers from Attorneys
Re: step child
stepchildren get nothing unless they were adopted.
Re: step child
If the step-child was adopted, they are treated as natural-born children. If not adopted, and not treated as if they were (adoption by estoppel), then they are a stranger to the estate.
Re: step child
A step-child can inherit from a stepparent if a parent-child relationship can be established between step-child and stepparent. California Probate Code section 6454 sets forth the following requirements for establishing the parent child relationship:
1. The relationship began during the person's minority and continued throughout the joint lifetimes of the person and person's stepparent
2. It is established by clear and convincing evidence that the stepparent would have adopted the person but for a legal barrier.
This is a complicated issue but there is a possibility of step-children inheriting in limited circumstances.
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