Can A Stepchild Inherit From A Stepparent Who Dies Without A Will In Oklahoma

step-children and inheritanceIn Oklahoma a Stepchild can only Inherit From a Stepparent under certain circumstances. Nearly a quarter of a million children in Oklahoma have a step parent in their life.  This can become a significant factor in inheritance and estate planning.  It is important to realize that step-children have a certain status that does not guarantee their inheritance if their step-parent unexpectedly passes or passes without a will.  This is even true under Oklahoma’s intestate laws.  If you are a step-parent wishing to leave your step-child a portion of your assets upon passing, this article will explain more and what you need to do to make sure a step-child can Inherit From a stepparent.

Stepchildren Inheritance under Oklahoma Law

Unfortunately, Oklahoma law does not address step-children in most intestate situations.  The intestate laws are found here, if you would like to read further.  In general, because of the silence on step-children, the law is unlikely to include them as natural or legal heirs to a step-parent’s assets.  So, if you are wishing to include a step-child in your will, you must prepare a will before you pass.  Otherwise, the step-child or step-children may stand to receive nothing.

You have some options with how to disburse your assets.  There are three common forms:

  1. Prepare a last will and testament with the help of an attorney.
  2. Create a holographic will.
  3. Set up a trust account and name your step-child as the beneficiary.

Each of these options does require specific elements to be met for them to be a valid legal plan.  You will want to make sure you meet these elements to ensure your step-children receive the benefits.  Further, if your will or trust does not meet the requirements, your estate may go to intestate which would exclude the step-children from inheriting.

Make An Estate Plan You Can Count On

If you want to make sure that a stepchild can Inherit from a stepparent there are things you must do. Although there are a few other ways to ensure this is done a will and a trust is a great solution. While the will and trusts laws seems rather straight-forward, there are intricacies that could be crucial in the validity of them.  Let our Estate Planning attorneys ensure that you have a solid, legal plan for your descendants: biological or step-children.  We want you to spend your golden years with peace of mind about your legacy.  First consultation is free. Get a Free Consultation with Will and Trust attorney from Kania Law Office – Claremore Attorneys 918.379-4872 or click this link to ask a free online legal question.