Am I considered a child under Florida law as a stepchild?

Full question:

My stepfather died leaving one child of his and me. He did not leave a Will but has raised me from birth. My mother died 5 years earlier. I consider myself a child of my stepfather. Am I a child under Florida law?

Answer:

No, under Florida law, you are not considered a child in this context. The Florida Probate Code defines a "child" as someone who can inherit from a parent through intestate succession. This definition specifically excludes stepchildren, foster children, and grandchildren (Fla. Stat. § 731.201). Therefore, despite being raised by your stepfather, you do not qualify as a child under the law for inheritance purposes.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

In Florida, a stepchild cannot inherit from a stepparent unless the stepparent has legally adopted the stepchild. Without adoption, stepchildren are not considered children under the Florida Probate Code, which means they do not have inheritance rights through intestate succession (Fla. Stat. § 731.201).