Q: Regarding Heir-at-Law can a step-son inherit the estate?
When both parents die and there is no will can the step-son inherit the estate?
A: In general, a stepson is not an heir at law. When someone dies without a Will (intestate), the decedent's property generally passes to a surviving spouse, if any, or children who are then living, or their issue by right of representation; but if none, , then to the parents of the decedent or their issue who are then living; but if none, then to other blood relatives. In general, the only way that a stepson would inherit would be if stepson's wife were a child of the decedent and died after the decedent and the stepson was named as the beneficiary under the child's Will or was the intestate heir of the child's estate.
A: In California, a foster child or stepchild can inherit if he or she can prove that: 1) the decedent's relationship with the child began while the child was a minor and continued throughout the child's lifetime and the decedent's lifetime, and 2) the decedent would have adopted the foster child or stepchild if it had been legally possible. These can be difficult things to prove but not necessarily impossible.
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