Determining the rights to an estate when the deceased did not create an estate plan is quite complicated, especially for blended families. In some cases, stepchildren feel like the surviving parent is being greedy with estate assets and not providing them with a fair share. Sometimes biological children of the deceased parent will feel as if the stepchild/stepchildren should not receive an equal share of the estate. The list of grievances goes on and on.
At the end of the day, it is important for stepchildren to know what rights they have to their deceased stepparent’s estate so they can set realistic expectations and claim what is rightfully theirs.
Here is a step-by-step process to determine your rights to a stepparent’s estate.
Determine How The Stepparent’s Assets Are Titled
The first step in determining rights to any estate when there is no estate plan to reference is to make a list of all of the deceased’s assets and how they are titled. This way, the probate court will know all of the assets that exist before they determine how they should be distributed among the spouse and heirs.
If you are unable to determine what the assets are and how they are titled, you will need to contact an experienced fiduciary litigation attorney for help.
Make A List Of The Stepparent’s Estate Non-Probate Assets
Not all assets are “probate assets”. Non-probate assets pass automatically to a specific person who is named as a joint owner, pay on death beneficiary, or beneficiary based on how it is titled.
The most common examples of non-probate assets include:
- Real estate that is owned jointly with rights of survivorship
- Joint bank accounts
- Life insurance and financial accounts that have valid designated beneficiaries
- Assets that are titled to a trust, which pass in accordance with the terms of the trust
The third parties who hold these assets – such as banks, employment plan fiduciaries, and trustees, are able to determine the person to whom the asset passes on the stepparent’s death.
Understand Your Rights According To Your State Of Residence
Once the non-probate assets have been removed from the pool of the decedent’s assets, the remaining assets belong to the estate. These “probate assets” are governed by the decedent’s will, or, in the case where there is no will, by intestacy laws. It is important to note that every state has its own laws that determine who inherits property when someone dies without a will in place.
Any bank account or real property listed in the deceased stepparent’s name alone will pass under the estate, either pursuant to the will, or to the heir-at-law under that state’s intestacy laws.
Unfortunately, only a few states’ intestacy laws recognize stepchildren who have not been legally adopted as intestate heirs, and even then, stepchildren tend to be one of the last in line.
Seek Out Representation
If you have determined that the value of what you believe to be the fair share of your deceased stepparent’s assets is worth more than the time and cost of litigation or alternative dispute resolution, you should consult with an attorney as soon as possible.
Gaslowitz Frankel LLC is the Southeast’s premier fiduciary litigation law firm. Our legal team specializes in all aspects of fiduciary disputes with over 30 years of experience representing individuals, executors, trustees, and more in complex fiduciary disputes involving wills, estates, and trusts.
Contact us today for a free consultation.
