Can a step-child contest a Will?

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Can a step-child contest a Will?

On what grounds?

Asked on August 31, 2010 under Estate Planning, Minnesota

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am sorry for your loss.  Are you asking because you are a beneficiary under the Will or are you asking because you are not s beneficiary under the Will?  Unless step children are adopted, they have no rights to inherit from the step parent by statute under the law in Minnesota.  They are treated as any other non-descendant beneficiary.  In other words, if a person was to die without a Will their estate would pass via what is known as the intestacy statutes.  Step children are not mentioned as "descendants" within the line to inherit.  Half and whole blood children are treated the same but not step children.  Sorry.


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