Are stepchildren legal heirs?

[Pamela Nation]

Jurisdiction

Oklahoma

My great uncle passed away recently. He was my grandmother's only remaining sibling. He was a widower and never had biological children. His wife, who died several years ago, had children before their marriage and all children were adults by the time my uncle married her (none of them were adopted by my uncle).

He died intestate. I received a letter from the attorney of his stepson, who is assuming himself as the executor. The letter includes the copy of the petition and notice of probate hearing, which also includes a list of heirs. The list of heirs first names all the stepchildren and then it lists my grandmother, my grandmother's son (my uncle), and myself (because my father, my grandmother's other son, is deceased).

I'm just curious about this because I always thought that stepchildren were not legal heirs and would only be entitled to an estate if a will or trust had named them as such.

Since my grandmother is his only living relative, I guess I just thought she would be the beneficiary of his estate.

Is that not true?

 

[Zigner]

Using the search phrase "Are stepchildren considered legal heirs in Oklahoma?", I found several attorney sites that claim that stepchildren are not legal heirs in an intestate situation.

 

[adjusterjack]

Since my grandmother is his only living relative, I guess I just thought she would be the beneficiary of his estate.

Is that not true?

It's true. See Oklahoma intestacy:

Intestate Succession in Oklahoma | Nolo

His sibling is his heir since he has no biological descendants. Stepchildren aren't, if they weren't adopted.

You're grandmother needs to step up and challenge the petition and ask to be executor of her brother's estate, then make her claim on his estate.

Make no mistake, SHE has to do this since she is the heir. She can talk to the lawyer, of course, but I sure as heck wouldn't trust the lawyer to act in her interests. He's already likely to be billing the estate for his work.

 

[Zigner]

... SHE has to do this since she is the heir.

Is there a requirement in OK law that the administrator of an estate be an heir?

EDIT: I see now that you mean that she has to file the challenge since she is the heir, and not that she has to be the administrator because she is the heir.

 

[Pamela Nation]

It's true. See Oklahoma intestacy:

Intestate Succession in Oklahoma | Nolo

His sibling is his heir since he has no biological descendants. Stepchildren aren't, if they weren't adopted.

You're grandmother needs to step up and challenge the petition and ask to be executor of her brother's estate, then make her claim on his estate.

Make no mistake, SHE has to do this since she is the heir. She can talk to the lawyer, of course, but I sure as heck wouldn't trust the lawyer to act in her interests. He's already likely to be billing the estate for his work.

Unfortunately, my grandmother is in a nursing home and can't act on something like this. She is near-death as it is. My uncle, my grandmother's son, could possibly have power of attorney on her, I'm not quite sure.

I just don't understand how or why stepchildren would even be named as heirs on an official court document, especially since there was no will or trust (and the petition does state that he died intestate).

 

[adjusterjack]

Is there a requirement in OK law that the administrator of an estate be an heir?

EDIT: I see now that you mean that she has to file the challenge since she is the heir, and not that she has to be the administrator because she is the heir.

Right, she can ask that her son, or the OP be executor.

Unfortunately, my grandmother is in a nursing home and can't act on something like this. She is near-death as it is. My uncle, my grandmother's son, could possibly have power of attorney on her, I'm not quite sure.

Either POA or conservatorship. He is not an heir to your great uncle but he is heir to his mother and whatever she inherits can be his when she dies.

A lot depends on the size of the estate. Is it worth it to your uncle to pursue it or just let the attorney handle it and hope it gets done right.

I just don't understand how or why stepchildren would even be named as heirs on an official court document, especially since there was no will or trust (and the petition does state that he died intestate).

Probably just a formality.

 

[Zigner]

Unfortunately, my grandmother is in a nursing home and can't act on something like this. She is near-death as it is. My uncle, my grandmother's son, could possibly have power of attorney on her, I'm not quite sure.

Your uncle (or somebody else) could try to obtain guardianship or conservatorship (as may be appropriate). A POA won't cut it.

I just don't understand how or why stepchildren would even be named as heirs on an official court document, especially since there was no will or trust (and the petition does state that he died intestate).

Because there's nobody to stop them.

EDIT: Theoretically, the court can/should stop this, but there's no guarantee that the court will do anything but rubber stamp the application without a formal challenge.

 

[zddoodah]

I received a letter from the attorney of his stepson, who is assuming himself as the executor.

Sounds like what you mean by "assuming himself as the executor" is that the former stepson has petitioned the probate court to be appointed as executor.

Since my grandmother is his only living relative, I guess I just thought she would be the beneficiary of his estate.

Is that not true?

No, your grandmother isn't the only living relative. You're a living relative, as is your uncle. That's at least three living relatives, and your post doesn't foreclose the possibility that there are others.

As far as heirs, your understanding regarding current or former stepchildren is correct. None of your great-uncle's former stepchildren are legally entitled to any portion of his estate, and your grandmother appears to be the only living heir (however, that's not completely clear. Your grandmother (or someone acting on her behalf) may want to consult with a local probate attorney to ensure her interest in her brother's estate is protected.

You're grandmother needs to step up and challenge the petition and ask to be executor of her brother's estate, then make her claim on his estate.

I disagree that she "needs" to challenge the petition or seek appointment as executor. She certainly may do that if she is so inclined, but it's not a "need."

my grandmother is in a nursing home and can't act on something like this. She is near-death as it is. My uncle, my grandmother's son, could possibly have power of attorney on her, I'm not quite sure.

If your uncle has a POA from your grandmother, then he should consult with an attorney on your behalf. As "adjusterjack" noted above, your uncle is, presumably, an heir to his mother's estate, so it's in his interests (as well as being his responsibility under a POA) to do this.

I just don't understand how or why stepchildren would even be named as heirs on an official court document, especially since there was no will or trust (and the petition does state that he died intestate).

A petition is just that. It's no more an "official court document" than anything else anyone files with a court. The court may very well determine that the former stepchildren are not, in fact, heirs.