Legal Question in Wills and Trusts in Maine
step-grandchild's rights
My father died 6 years ago. My stepmother of 25 years just died recently and I hear her will says that all of her assets are to be split between her biological son,s two sons. Is my daughter (her step granchild) entitled to a portion of her estate?
Thanks for your help
1 Answer from Attorneys
Re: step-grandchild's rights
The terms of a Will control, so if the Will is valid, there is no right of an omitted heir in this context to recieve anything.
However, a step child is not an "heir" in Maine, so even if the Will were not valid, you would not receive anything, nor would your daughter from your step mother's intestate estate. Ohio law may be different, and since that is the forum state you should check that law as well.
Perhaps you or your daughter was a beneficiary on an IRA, Life Insurance, etc that would pass outside the estate or Will.
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