With blended families becoming increasingly common, it is smart to be aware of the potential blended family inheritance issues that can arise after the death of a parent or stepparent.
Our family inheritance lawyers often encounter clients with this issue: “My stepfather/stepmother stole my inheritance.” These types of claims tend to surface when clients feel frustrated upon discovering that their parent’s intentions regarding their inheritance changed after remarrying.
Although there may not be a presumption of undue influence or fraud when this happens, it is possible for a stepparent to use unsavory tactics like fraud and undue influence to manipulate their spouse into disinheriting their own children and leaving everything to them.
Imagine your parent is suffering from a terminal illness and is rapidly losing mental capacity. During this time, your parent’s new spouse is constantly by their side in the hospital, controlling their interactions with family and friends. After your parent passes away, you discover that they amended their trust just days before their death, disinheriting you in favor of your stepparent or your stepparent’s children. In such a scenario, it would be reasonable to suspect undue influence.
Another common blended family inheritance issue entails a parent from a blended family dying without a will (i.e., dying intestate). Intestate succession, the process by which a deceased person’s intestate estate is transferred to their direct heirs, always provides for biological children to inherit from their parent’s estate, but rarely extends the same right to stepchildren. This is true regardless of how close the deceased was with their stepchildren — although, in some cases, stepchildren may have priority intestacy rights over other heirs.
Unlike wills and trusts, California intestate succession laws, which can be found in Probate Code sections 6400 – 6455, are basically set in stone, meaning they cannot be challenged. Therefore, if you are a parent and wish for your stepchildren to receive an inheritance from your estate, it’s crucial you create an estate plan.
The examples provided are not exhaustive but illustrate the complexities of blended family inheritance issues following the death of a parent or stepparent. Blended family dynamics often lead to unintentional disinheritance and unfair distributions, especially when estate planning documents lack clarity. This can strain family relationships and exacerbate conflicts.
Given the intricate nature of these cases, it is advisable to seek the help of an experienced family inheritance lawyer who understands the nuances of blended family inheritance issues.
