Divorce and remarriage often leads to the existence of step-children. It is not uncommon for step-parents and step-children to share a strong bond. Even if the step-parent and the children’s biological parent divorce, sometimes this bond remains intact between step-parent and step-child. As a result, some step-parents want to include step-children in their estate planning. Oklahoma law has some special requirements when it comes to including step-children in inheritance.
Oklahoma Laws and Step-Children in Inheritance
Title 84 includes all the laws about inheritance and succession. Under § 213, the Title provides the line of succession if an estate goes into intestacy, which is if a person passes without having a will to distribute their property. Step-children are not in the succession line at all. As a result, step-children do not receive any form of inheritance from an intestate estate.
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For some people, it is important to provide for their step-children in inheritance even if the marriage with the biological parent ends in divorce or separation. There are several tools in the legal field that you can use to ensure you provide for step-children. You may set up a trust, write a step-child specifically into your will, or even use a holographic will or adopt the step child.. However, these must follow all the requirements of the law, or the entire estate may fall into intestacy due to an invalid will or trust. If this occurs, your step-child may inherit nothing. Further, your entire estate plan may fail.
We Can Help Divorce and Estate Planning in Oklahoma
The skillful attorneys at our firm can not only provide you with legal advice regarding your divorce or separation, but can also ensure that you provide for your step-children in inheritance if you so choose. We understand that not all divorces mean that every family bond severs. If you have questions about step-children in inheritance, call Tulsa Divorce Attorneys and Associates at 539-303-0303 or click this link to ask an online legal question.