In California, stepchildren do not automatically have inheritance rights under the state’s intestate succession laws, which govern the distribution of assets when someone dies without a will. However, stepchildren can contest a will under certain circumstances. Here’s what you need to know:
Understanding Stepchildren’s Rights in California
By default, California’s intestate succession laws prioritize biological and legally adopted children when distributing a decedent’s estate. Stepchildren are generally excluded unless:
• The decedent had no surviving biological relatives, in which case stepchildren might inherit.
• There is clear evidence that the decedent intended to adopt the stepchild but was legally unable to do so.
Grounds for Contesting a Will
Stepchildren, like any interested party, can contest a will in California if they believe there are valid legal grounds, such as:
1. Lack of Testamentary Capacity: Arguing that the decedent was not of sound mind when creating or modifying the will.
2. Undue Influence: Claiming that someone exerted excessive pressure on the decedent to alter the will in their favor.
3. Fraud: Alleging that the will was forged or that the decedent was deceived into signing it.
4. Improper Execution: Pointing out that the will wasn’t executed in compliance with California’s legal requirements.
Legal Standing to Contest a Will
To contest a will, a stepchild must have legal standing, meaning they would have been entitled to inherit under intestate succession or were named in a previous will. In California, interested parties include:
• Beneficiaries named in the current or prior versions of the will.
• Heirs under California’s intestacy laws.
• Creditors to whom the decedent owed money.
Timeframe for Contesting a Will
In California, a will contest must be filed within 120 days after the will is admitted to probate. Missing this deadline can forfeit the right to contest.
Steps to Contest a Will
1. Consult an Attorney: Seek legal advice to evaluate the strength of your case.
2. File a Petition: Submit a formal objection to the probate court, stating your grounds for contesting the will.
3. Gather Evidence: Collect documentation and witness testimony to support your claims.
4. Attend Court Proceedings: Present your case during the probate hearings.
Conclusion
While stepchildren aren’t automatically entitled to inherit under California law, they can contest a will if they have valid legal grounds and the necessary standing. Given the complexities involved, it’s advisable to consult with an experienced probate attorney to navigate the process effectively.
Contact the top-rated California trust and probate attorneys Moravec, Varga & Mooney today to schedule a telephonic consultation. Have questions, call (626) 460-1763 or email LV@MoravecsLaw.com.
Southern California Probate Lawyer Serving all counties in California, including Los Angeles, Riverside, San Bernardino, Sacramento, Santa Cruz & Beyond.
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