Law Offices of Frye & Vazquez, P.L.
Call Today. 305-508-5749 | 877-421-5473

What will my stepparent inherit if my parent dies?

One of the most confusing and potentially contentious topics when it comes to estate planning is where the assets go if one or both parents die without a will. This can be especially complex if a parent has remarried. You and other Florida residents with blended families may be interested in learning what can happen if a parent dies, leaving behind a surviving stepparent.

Dying without a will is also called dying intestate. When there is no will, the remaining assets go through probate. According to The Florida Bar, the courts determine what happens to these assets if someone dies intestate. The outcome might not be as you hoped or expected, especially if your parents divorced and remarried.

For example, say your father remarried. After he passes away, your stepmother informs you he did not write a will. If your stepmother has no children of her own, she would inherit your father’s assets, rather than you and your siblings. If you have step-siblings, your stepmother would receive half of the assets, and your father’s biological children would inherit the other half.

This can result in an undesirable scenario, as you can imagine. You may get along with your stepparent, but on the other hand, you or your siblings may feel like your stepparent should not receive any of your inheritance, especially if your parent remarried later in life. Having a will can ensure numerous surviving family members receive an inheritance, rather than all of it going to a stepparent. Since this topic can be complex, this information should not replace the advice of a lawyer.

No Comments

Leave a comment
Comment Information

What Our Clients Are Saying

  • I have known and worked with Austin Frye and his team since 2008. In that time he has helped serve both my business and personal legal planning needs. From guidance on reviewing and keeping shareholder and state documentation up to date... - Robert
  • It is difficult enough to cope with the emotional challenges of closing a parent's estate, and when you are also faced with the issue of your parents having insufficient documentation, and being remote from your siblings… - Zara L.
  • Austin Frye provided legal services to my father while alive and to his estate after his death; when showing the EP docs his firm prepared to other professionals (lawyers, financial advisors, accountants)… - Mark S
  • I've been a client of Austin Frye's for over 10 years. In that time, he's handled my estate/trust planning and asset protection as well as complicated business deals. - Leslie
  • Mr. Frye recently set up a complicated special needs trust for my son and, as usual, did a great job explaining it and in putting our minds at ease about our son's future well-being. - Dr. Howard
  • Massachusetts Bar Association
  • The Florida Bar 1950
  • CFP
  • Florida Bar Elder Law Member
  • Academy Of Florida Elder Law Attorneys
  • Florida bar Business law Member
  • NAELA National Academy of Elder Law Attorneys, Inc.
Email Us For a Response

Contact Us For Personal Attention To Your Legal Matter

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Office Location

Get In Touch With Us
20900 W. Dixie Highway
Miami, FL 33180

Toll Free: 877-421-5473
Phone: 305-508-5749
Map & Directions