After the death of a wife, are the underage stepchildren owed anything by the stepfather?

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After the death of a wife, are the underage stepchildren owed anything by the stepfather?

Such as clothes, furniture, electronics, sundries, etc.

Asked on October 28, 2015 under Estate Planning, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the wife left a will, then the will would control who would be entitled to inherit.  As long a person owns the property they are gifting... they can leave anything to anyone.
If her is not will, then the rules of intestate apply.  This is where the direct heirs of the wife will inherit in the absence of a will.  Adopted and biological children are included in this list.  However, step children that have not been adopted are not.... regardless of their age.  The burden of supporting the children would all on the remaining living parent of the step-children.


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