Non-Biological Children in Montgomery County Intestacy Laws
Although non-biological children often share strong bonds with their adoptive or step-parents, they are viewed differently in intestacy proceedings. Generally, legally adopted children are viewed the same as biological children while step-children are not.
A well-versed attorney can help you understand the role of non-biological children in Montgomery County intestate and what it means for you. Intestacy laws can be confusing, but a knowledgeable lawyer can help guide you through the process.
Obstacles for Those Not Biologically Related to the Decedent
When a decedent does not leave a will, a major obstacle will be determining who is entitled to receive property pursuant to the laws of intestacy in Maryland. The rights of a person not biologically related to the deceased become complicated in Maryland because whether that person will inherit depends largely on the specific situation. For example, even though an adopted child is not biologically related to the decedent, they would be treated the same as if they were the decedent’s biological child. However, a step-child would not be.
Therefore, if the decedent did not leave a will, the step-child would be excluded from inheriting, an adopted child would not. An attorney can further explain how the laws of intestacy would apply under certain circumstances.
Step-Children Under Intestacy Laws
Unfortunately for the step-child, if the step-parent dies without a will, they are not automatically considered under probate law in Maryland to be the same as the biological child. Generally, if a step-child inherits from a step-parent in Maryland, it would be because the decedent left a will and named the step-child as a beneficiary. If the decedent dies leaving no will, the decedent’s estate would be split among other family members pursuant to Maryland laws of intestacy, and the step-child would be excluded.
Therefore, if a step-parent wants to provide for a step-child in Maryland at their death, then leaving a last will and testament is critical to make sure they accurately express their wishes with respect to providing for their step-child. An attorney can further explain the role of a step-child in probate.
Adopted Children in Montgomery County
As long as an adopted child has been legally adopted by the decedent, they would be treated as any other biological child. This means they would inherit according to the laws of intestacy as if they were the biological child of the decedent.
Rights of Illegitimate Children
An illegitimate child is a person who is born when the biological father and mother are not married. In terms of inheritance, an illegitimate child is entitled to inherit from their parents. However, there may be obstacles in proving that the child is a biological heir of the decedent which can make this complex.
Understanding Non-Biological Children in Montgomery County Intestacy Laws
Because the laws of intestacy in Maryland are complicated, it may be a good idea to work with a lawyer who is familiar with the laws of intestacy in Maryland. A lawyer would be in the best position to determine who is entitled to inherit from the decedent’s estate and what proportion each person is entitled to inherit from the estate. To learn more, call today for a consultation.