Legal Question in Wills and Trusts in Georgia

Can a step child get a childs part when a step parent passes away


Asked on 12/22/13, 3:42 pm

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Unless adopted, step-children never inherit from a step-parent unless the step-parent chooses to leave them something in a will.

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Answered on 12/22/13, 4:05 pm

No! A non-biological child has NO rights to inherit from a step-parent unless the step-parent made a will naming the step-child as a beneficiary OR unless the step-child was adopted by the step-parent.

You do not indicate where the step-parent lived at the time of death. A few states recognize something called equitable adoption. Equitable adoption is where the step-parent intended to adopt a step-child but never actually got around to doing the paperwork. There are strict requirements for this. Your best bet would be to talk to a probate attorney who practices in the county/state where your step-parent lived at the time of his death. Pay the attorney to review the will, if any, and to advise on your rights of inheritance.

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Answered on 12/23/13, 7:30 pm


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