What portion of martial property/assets are stepchildren entitled to?

UPDATED: Oct 1, 2022

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What portion of martial property/assets are stepchildren entitled to?

If my husband dies, are his children/my step-children entitled to any of our property and assets?

Asked on May 14, 2019 under Estate Planning, Idaho


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If your husband has a will which does not leave anything to them, they will get nothing; or if they are named in the will, they will get what the will indicates they should get of his separate property (see below). The law does not require you to leave anything to children and they may be disinherited.
If there is no will, then your husband's separate property (again, see below) will distributed according to intestate succession, which is the rules for who gets what when there is no will. In your state (Idaho) the children get 1/2 your husband's separate property; you will get the other 1/2 of his separate property and all the community property (and keep your own separate property).
ID is a community property state. Anything earned or acquired during marriage (with two exceptions) is "community property," which means it is owned by the married couple jointly, and when a spouse passes away, the surviving spouse becomes the sole owner of the community property. So regardless of whether there is a will or not, you will get the community property.
Separate property is anything (money, real estate, vehicles, etc.) which was acquired or owned pre-marriage, plus two categories of things acquired during marriage: 1) anything inherited by just one spouse; 2) anything gifted to just one spouse. So the children may inherit (depending on whether there is a will and, if so, what it says) part of your husband's separate property.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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