Do Stepchildren Have Inheritance Rights In Florida?

Today, blended families are extremely common in Florida. People who have children enter a relationship with a new romantic partner, perhaps who also has children of their own. Eventually, the couple may want to have children of their own. Blended families are a blessing but when it comes to estate planning, they can also create some complications. Below, one of our St. Petersburg estate planning attorneys outlines the inheritance rights of stepchildren in Florida.

Stepchildren Do Not Have Rights Unless Adopted 

Stepchildren are not biological children and so, they do not have any automatic inheritance rights in Florida. If a stepparent passes away without a will, their estate will be distributed among their spouse and, in some cases, their biological children. Stepchildren will not automatically receive anything from a stepparent’s estate in the event of their death.

The intestacy laws dictate how property is divided when someone passes away without a will. If the deceased had a spouse, the spouse will receive the entire estate. The only exception to this is if the deceased had children from a previous relationship. In these instances, the children from the previous relationship will receive half of the estate and the surviving spouse will receive the other half. Spouses receive the entire estate if they shared biological children with the deceased and there were no children from a previous relationship.

While stepchildren are not provided for in Florida’s intestacy laws, this does not mean there is no way for them to inherit a portion of your estate after you pass away.

How to Protect a Stepchild’s Inheritance Rights in Florida 

There are several ways you can protect your stepchild’s inheritance in Florida. They include:

• Draft legal estate planning documents: If you draft a will or trust, the provisions within these legal documents will apply and not the intestacy laws of the state. It is critical that you are very specific and do not use ambiguous language such as “I leave everything to my children.” Others may interpret this to mean only your biological children so name your beneficiaries by their name.
• Use beneficiary designations: Many life insurance policies, retirement accounts, and other financial tools have beneficiary designations that take precedence over other estate planning documents and the intestacy laws. You can name a stepchild as a beneficiary on these policies to ensure they are cared for.
• Consider adoption: If you adopt your stepchild, they have all of the same rights as biological children, ensuring they will receive a portion of your estate after you pass away.

Our Estate Planning Attorneys in St. Petersburg Can Provide the Advice You Need 

Blended families are a blessing, but they can present certain challenges when creating your estate plan. At Legacy Protection Lawyers, LLP, our St. Petersburg estate planning attorneys will review your goals with you and draft the necessary documents to ensure your wishes are respected and your family is cared for. Call us now at 727-471-5868 or contact us online to request a consultation and to get the legal advice you need.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/0732.html