wills and stepson. I have a stepson who changed his last name, not wanting anything to do with his father.They

Question

have not seen each other in 12 years. If my husband were to die and we have no will made,and the son shows up,is he entitled to anything even though he has changed his last name?

Answer 1

Yes. Get some wills made up. If either of you dies intestate, you will end up letting the state decide who gets what. Intestate means without a will. Go to www.legalzoom.com. You could probably make up a simple will for about $125.00.

Answer 2

He would infact be intitled unless parental rights are terminated. Him changing his name does not disclude the obligation from your husband. The only way he would not be intitled is if his step dad (if there is one) adopts him, and the legally your husband would no longer be his 'dad'.
If this is not an option, then I would suggest he gets a will drawn up and discludes his son, from the will. He would need to state that in the will, not just not include him.

Answer 3

Yes he is entitled. Once he's a son, even if he and the dad hate each other, he's still able to inherit through the state's rules of descent and distribution where no will is present.

Answer 4

Without a will he would get a child's share, whatever your state has decided that is. Changing his name does not change his relationship. He could not have changed his name when he was a minor without his father's permission, so it seems your husband has some responsibility in this.

Answer 5

Changing his name does not change his relationship as next of kin. The state will decide who gets what.

With no will things to NOT automatically go to the spouse. That is why it is important to have a will. It goes to the state and the state decides.

Answer 6

Everything would go to you, the wife. If you both die at the same time or if you die first, then the Son would be entitled to get everything along with any siblings.