Florida law doesn’t give stepchild inheritance rights
Question: My wife and I are Florida residents. We have two children together, ages 4 and 7.
Her child from her prior marriage, my stepson, is 9. She and I raised him together since he was an infant. I consider him to be my child, and I want to provide for him in my estate plan the same way I will provide for my two biological children. Is he automatically entitled to anything? If not, what kinds of legal arrangements would I have to make?
Answer: For inheritance purposes, under Florida law your stepchild is not considered your heir, regardless of the warmth of the bond you share. If you were to pass away intestate (without a valid estate plan), he would not be legally entitled to receive anything from your estate. Therefore, if you want to treat him as equal with your other children for inheritance purposes, you will have to specifically include him in your will or trust. These arrangements must be done by a competent estate planning lawyer to avoid mistakes. For example, if you simply reference “my children,” that phrase will only include your biological children. Of course, if your wife predeceases you and dies intestate, your stepchild would have rights under her estate.
Is your stepson’s biological father living? If so, you should be aware Joseph Karp
The Karp Law Firm, P.A. that he has certain rights. For example, he would have the authority to get involved in your stepson’s health care decisions, or collect half the proceeds from a monetary settlement if your stepson was injured or passed away (assuming there is no court order in your wife’s divorce that alters that condition). Once your stepson turns 18, he should do his own estate planning documents to address these issues.
You should attend to all of these legal arrangements without delay. Good luck.
Joseph Karp, a member of the Florida and New York Bars, is a Nationally and Florida Bar Certified Elder Law Attorney and founder of The Karp Law Firm, located in Palm Beach and St. Lucie counties. The firm assists clients with wills, trusts, Medicaid and VA benefits planning, special needs planning, asset preservation, probate/trust administration and estate litigation.