As a stepchild am I still entitled to inherit from the estate?

Full question:

My stepfather died in July leaving no will. There is one biological son, one adopted son, and three stepchildren. The biological son says we have no right to anything. My biological mother died in 2006, are we entitled to anything? The biological son has been appointed power of attorney. I think the biological son is trying to pull something.

• Category: Wills and Estates
• Date: 04/07/2025
• State: National

Answer:

I'm assuming your stepfather resided in Vermont when he died. Under Vermont law, a stepchild is considered to be of equal status as a biological child. The following are VT statutes that apply when a person dies without a will:

§ 551. General rules of descent

The real and personal estate of a decedent, not devised nor bequeathed and not otherwise appropriated and distributed in pursuance of law, shall descend in the following manner:

(1) In equal shares to the children of such decedent or the legal representatives of deceased children;

(2) If the decedent is married and leaves no issue and the surviving spouse does not elect to take a third in value of the real estate of which the decedent dies seised in his or her own right, or waives the provisions of the will of such decedent, such spouse shall be entitled to the whole of the decedent's estate forever, if it does not exceed $25,000.00, but if it exceeds that sum, then such spouse shall be entitled to $25,000.00 and half the remainder. The remainder of such estate shall descend as the whole would if such spouse did not survive. If the decedent has no kindred who may inherit the estate, such spouse shall be entitled to the whole of such estate;

(3) If the decedent does not leave issue nor surviving spouse, the estate shall descend in equal shares to the father and mother of such decedent. If the mother is not living and the father survives, the estate shall descend to the father. If the father is not living and the mother survives, the estate shall descend to the mother;

(4) If the decedent does not leave issue, nor surviving spouse, nor father, nor mother, the estate shall descend in equal shares to the brothers and sisters of such decedent, and to the legal representatives of deceased brothers and sisters;

(5) If none of the kindred above-named survives the decedent, the estate shall descend in equal shares to the next of kin in equal degree; but a person shall not be entitled, by right of representation, to the share of such next of kin who has died.

(6) Notwithstanding the foregoing rules or provisions otherwise made in any case where a person is entitled to inherit, including a devisee or legatee under the last will of a decedent, such person's share in the decedent's estate shall be forfeited and shall pass to the remaining heirs of the decedent if such person stands convicted in any court of the United States or of any of the individual states of the United States of intentionally and unlawfully killing the decedent. In any proceedings to contest the right of a person to inherit, the record of such person's conviction of intentionally and unlawfully killing the decedent shall be admissible evidence and may be taken as sufficient proof that such person did intentionally kill the decedent. (Amended 1969, No. 255 (Adj. Sess.), § 1, eff. date, see note set out below; 1971, No. 165 (Adj. Sess.), eff. March 22, 1972.)

§ 552. Degrees, how computed; kindred of half-blood

The degrees of kindred shall be computed according to the rules of the civil law and the kindred of the half-blood shall inherit equally with those of the whole blood, in the same degree.