Under New Jersey law, stepchildren are not treated as “children” for intestate succession and therefore have no automatic right to inherit when someone dies without a will. To ensure a stepchild receives property, the decedent must name them in a valid will.
Definitions in the laws of New Jersey determine who is considered a “child” and who is not. There are circumstances where someone may take a child in as their own, such as providing for:
- emotional,
- physical, and
- financial needs
But that child may not be legally considered the child of the decedent according to the laws of the state unless the care provider takes the step of legal adoption.
The language in the New Jersey statute states:
3B:1-1 Definitions Under New Jersey Law
“Child” means any individual, including a natural or adopted child, entitled to take by intestate succession from the parent whose relationship is involved and excludes any individual who is only a stepchild, a resource family child, a grandchild or any more remote descendant. – (2024 New Jersey Revised Statutes, Title 3B:1-1)
One important way to make sure your loved ones receive property from your estate is to execute a valid will and name the individuals you want to protect.
Talk to a Lawyer About Your Case
Experienced New Jersey Estate Planning Attorney Elga Goodman can help you understand all your options for asset preservation and making the most of your estate assets to plan for the future and provide for your loved ones.
Posted in: Estate Planning, New York Estate Planning