Intestate Succession for Children in Blended Families

In this week’s post, we’ll go over how Oklahoma’s intestacy statutes affect estate distribution for children in blended families. You can think of blended families as families where one or more children are not the natural-born child of both parents, or as families where the deceased has been married more than once.

As a refresher, Oklahoma’s intestacy statutes are used when someone passes away without leaving a Will. Click HERE to learn more about the basics of Oklahoma’s intestacy laws. Children may only inherit under intestacy laws if the State of Oklahoma considers them children. We’ll go over some common scenarios below:

Stepchildren:

Stepchildren of the decedent (the legal term used to describe the person who has died) do not receive a distribution share of the estate.

Let’s use an example to illustrate: Cathy and her ex-husband had two sons together, John and Joe. Later, Cathy marries Paul, who has a daughter from his previous marriage, Sally. Cathy died without leaving a Will. Per Oklahoma’s intestacy laws, her estate is distributed between her husband Paul and her two children John and Joe. Her stepchild Sally does not receive any share of her estate.

Adopted and Foster Children:

Adopted children of the decedent are treated the same as the decedent’s biological children, and therefore receive the same share of the estate. Additionally, adopted children in Oklahoma can inherit from their biological parents if either parent died intestate. Foster children that were never legally adopted do not receive a distribution share (similar to stepchildren, as previously discussed above).

Here’s an example: Mary and Steve are married and have one daughter together, Amy. Mary and Steve decide to adopt a second daughter, Michelle. Steve died without leaving a Will. Per Oklahoma’s intestacy laws, his estate is distributed between his wife Mary, his biological daughter Amy, and his adopted daughter, Michelle. Remember that Michelle can also inherit from her biological parents if either dies without leaving a Will. If Mary and Steve were fostering Michelle and never officially adopted her, then Steve’s estate would be distributed between only his wife Mary and his biological daughter Amy.