Blended families are becoming increasingly common. According to the U.S. Census Bureau, approximately one in five opposite-sex couples involve an individual who has children from at least one other partner. In short, stepchildren are an important part of many people’s lives and demand certain legal considerations when dealing with things like estate planning.
Although inheritance can be complicated in general, it is especially so when dealing with non-biological relatives. Simple or complex, the key is understanding the law, and then applying it to your unique situation.
The article covers the ins and outs of inheritance rights for stepchildren in the state of Florida. Keep reading to learn some of the basic rules and laws, and how they might apply to your situation.
Florida Inheritance Rights
Whenever someone dies–in Florida or elsewhere–the laws of intestacy come into play. This refers to any part of a deceased person’s estate that is not covered by a will or trust.
Like almost every state or other jurisdiction, Florida inheritance laws revolve around biological relationships. That meant that, if someone dies without a will, their estate gets distributed to their nearest living relatives.
This includes a surviving spouse, biological children, or other blood relatives (in that order). If the person lacks a living spouse or biological child, the estate is usually split evenly among other blood relatives.
Note that under Florida law, adopted children are viewed in the same way as biological children. They are all considered “lineal descendants” and entitled to inheritance.
What About Stepchildren?
The problem is that stepchildren are not considered lineal descendants or heirs. That means they do not have inheritance rights in Florida. If someone dies without some kind of legal mechanism in place, their inheritance goes to the blood relatives (mentioned above) and not to the stepchildren.
It does not matter what kind of relationship the deceased person had with their stepchildren. Florida intestacy laws and probate rules are set up to ensure estates pass to blood relatives.
For instance, they could have been extremely close with their stepchildren and estranged from their biological children. While living, they could even have expressed their desire to leave their inheritance to their stepchildren.
An attorney can argue these facts in court, but without other mechanisms in place, it is likely futile. Assuming the lack of a surviving spouse, the biological children would be the rightful heirs.
How Does Someone Go About Designating Stepchildren as Heirs?
There are several solutions to this issue. They are all pretty simple but do require particular steps and meticulous attention to detail.
Adoption
The first option is to adopt stepchildren. You might assume that adoption is only for individuals under the age of 18, but that is not the case.
Adults in Florida can adopt other adults, such as stepchildren. Some states have an upper age limit on people who can be adopted, but Florida does not.
It requires the consent of the adoptee. Note that, with adult adoptees, any existing parents do not have to consent to the adoption.
The adopting individual must file a petition with the appropriate court. There will be a hearing, which is usually very brief. The purpose is to ensure that all parties involved understand the legal ramifications of the adoption.
When the hearing is concluded, the court will issue an amended birth certificate that lists the petitioner as the parent. The adopted stepchild can choose to officially change their name through the adoption, but that is not mandatory.
A Will
A will allows an individual to leave an inheritance to anyone or any entity they like, including stepchildren. When someone dies, the validity of the will must be verified. Once that happens, it takes precedence over intestacy rules and probate.
There are some very important things to consider in this regard. The main one is that the will must specify the stepchildren by their legal names. A will that merely states “my children” or “my descendants” is insufficient for including stepchildren.
This is true even if the person has no other biological children. For this reason, it is vital to clearly state which assets you wish the stepchildren to receive, along with their legal names.
A Trust
Setting up a trust is the final way to transfer an inheritance to stepchildren. Trusts work in a very similar way as wills, including superseding existing intestacy laws and probate rules, but have some distinctions as well.
One of the biggest differences is that trusts can be set up while the grantor is still alive, called a “living trust.” That means you can determine who receives particular assets at almost any time during your life. A “testamentary trust” is created after death, and usually requires a will that dictates the parameters.
Another big difference is that a trust can include specifics about the management of assets, while a will merely determines who gets what assets. This can be helpful for the distribution among different designated beneficiaries. It also can be useful for situations where the grantor wants to set parameters for how the assets are to be used.
The Importance of Estate Planning
It is easy to see how proper estate planning is imperative, especially for people who wish to leave part of their inheritance to a stepchild. For this reason, it is wise to consult an experienced estate planner and family law expert. This will ensure that assets get distributed as intended, including to stepchildren.
Find a Family Lawyer for Stepchildren Inheritance in Florida
Now that you understand how inheritance rights for stepchildren work in the state of Florida, you can proceed accordingly. Turning this responsibility over to an experienced attorney is the best way to ensure that what you leave behind goes to whom you intend.
At the Boyer Law Firm, our goal is to provide the highest caliber of legal advice and representation to our clients. Our team of attorneys and staff will leverage decades of experience to ensure your wishes are carried out.
Contact us today to speak with a family attorney about inheritance or other legal issues.
