Stepfamilies in the Law of Intestate Succession and Wills

Abstract

Many modern families do not take the form of the traditional nuclear family. A common variant is the stepfamily, formed when the parent of a minor child marries an individual who is not the other natural parent. In many cases, the relationship that forms between stepparent and child is an important family relationship. Nevertheless, the laws regulating the rights and duties of family members generally exclude stepfamily members.

The law of intestate succession illustrates the peremptory manner in which the legal system ignores stepfamilies. Stepfamily members are not eligible to inherit from each other under modern intestate succession statutes. Unfairly, they are excluded from the rights of inheritance. The related law of wills also has evidenced some bias against the treatment of steprelatives as family members.

While recognition of nontraditional family members would necessarily complicate the statutory intestacy scheme, the legal system must be responsive to the changing nature of families, in a thoughtful and constructive manner. Laws in the areas of intestate succession and wills seek to accomplish the testamentary intentions of property owners, and to provide certainty and financial protection for surviving family members. This Article demonstrates that these goals are best accomplished when lawmakers recognize that for many individuals steprelatives are family members.

Keywords: stepfamilies, nontraditional family, law of intestate succession, law of wills, inheritance rights, stepchildren, beneficiaries, distribution of property, testamentary gifts, class gifts, legislation, reform