Legal Question in Wills and Trusts in California

From the facts you have presented, it seems the stepchild would receive property if they were legally adopted. However, if the stepchild was not formally adopted, the property would likely pass to the step parent's closest relatives not being the step child.

As far as any expenses goes, however, the stepchild may have a claim against the estate for any expenses paid taking care of the step parent, regardless if they were adopted or not.

Hopefully that is of some assistance.

Here is a useful guide to intestate succession in California: http://www.nolo.com/legal-encyclopedia/intestate-succession-california.html

Foster children and stepchildren not legally adopted will not automatically receive a share. However, a foster child or stepchild can inherit if he or she can prove that: 1) the relationship with the child began while the child was a minor and continued throughout the decedent's lifetime, and 2) the decedent would have adopted the child if it had been legally possible.

The step child will not inherit unless you can show there was a legal impediment preventing the application/petition for adoption, and you can show factually a very close relationship between the step parent and the step child. This is known as an equitable adoption(factual) as allowed under the probate code. However be advised the factual adoption is extremely difficult to prove as the burden of proof is upon you step child, to prove that factually tight relationship. Additionally, California in 2004 Suprem Court, Estate of Ford, has made the equitable adoption factual proof requirement extremely high, and takes a very dim view of equitable adoption. Therefore the propertyhas a very strong chance of being escheated to the state, unless some distant heir pops up and files a petition for heirship in the probate proceeding, which does happen to everyone's surprise.