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Intestate Distribution in Iowa
- Thread Starter Adverse
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I don't know specifically but the fact that they were unadopted stepchildren would make me suspect that they would not be beneficiaries under the will. Looking at IA Code Section 633.3 Definitions and use of terms, the definition of a child is a natural or adopted child.
Logically, if one just lived with a step-father for 2 months, should that qualify the child as a beneficiary? I would think not and it would require some significant link such as a biological one or a legal choice to adopt the child. I'm not sure but it seems to me to be probably a correct assumption given the logic and the above code.
Logically, if one just lived with a step-father for 2 months, should that qualify the child as a beneficiary? I would think not and it would require some significant link such as a biological one or a legal choice to adopt the child. I'm not sure but it seems to me to be probably a correct assumption given the logic and the above code.
I have already found this answer but forgot I had posted here. If memory serves me correctly stepchildren are far down the list for intestate distribtution in Iowa, following the decedent's natural children (issue, as they are called), the decedent's parents, the decedent's brothers and sisters, etc., etc.
The stepchildren's time to step forward would have been when their natural parent, spouse of the decedent, passed away. If their natural parent had died intestate also, half the estate would have gone to them and the other half to the surviving spouse, to be passed on to their natural children, etc., at their death.
In the particular case I was inquiring about both parents had poorly drawn wills that easily could have proven defective.
The stepchildren's time to step forward would have been when their natural parent, spouse of the decedent, passed away. If their natural parent had died intestate also, half the estate would have gone to them and the other half to the surviving spouse, to be passed on to their natural children, etc., at their death.
In the particular case I was inquiring about both parents had poorly drawn wills that easily could have proven defective.
Are you sure that stepchildren who are not adopted take a part of an estate as beneficiaries? I'd enjoy seeing the statute as to how the state places them with regard to apportionment.
There is a difference with regard to how an estate gets distributed IF there aren't any distributees, e.g. there is no surviving spouse, are no children, parents, cousins, etc. and that is with regard to pecking order and not that everyone in the list is a beneficiary who shares in the estate. It only means that if none of the beneficiaries exist, it goes down the line until one is located or identified.
There is a difference with regard to how an estate gets distributed IF there aren't any distributees, e.g. there is no surviving spouse, are no children, parents, cousins, etc. and that is with regard to pecking order and not that everyone in the list is a beneficiary who shares in the estate. It only means that if none of the beneficiaries exist, it goes down the line until one is located or identified.
Interesting -- thanks. As I suspected, this gives you the law of intestate succession as to who is a beneficiary IF there are no beneficiaries at a certain level. Since you have beneficiaries who would be heirs of the estate at a certain level, that is where I believe it stops and it should not progress to the level of step-children (whom I did not see listed as beneficiaries.)
note: Half blood likely does not mean unadopted step-children, IMHO.
note: Half blood likely does not mean unadopted step-children, IMHO.
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