When the natural mother dies do stepchildren have a legal right to stepfather's property if they are not included in the will?

Answer 1

No, if they are not included in the last will and testament of the deceased they have no legal right to any property as they are not considered in the "blood line" of the deceased. They are entitled to property that the biological mother held in her name only unless the property was acquired during marriage and the couple resided in a community property state. Also, they may be entitled to personal items such as clothing, pictures, family heirlooms or jewelry and so forth, but that is determined by state probate laws. Unfortunately, such situations sometimes become a matter of litigation with a judge deciding what (if any) property the surviving spouse is legally required to release to surviving family members. It doesn't sound like heirship is at issue. Given that the mother is the decedent, I assume the question concerns the mother's Will. If the mother left a Will leaving everything to her husband, or to whomever other than the stepchildren, then the stepchildren take nothing.

Answer 2

If a man dies owning property his wife and child are his heirs-at-law. His step-mother is not entitled to his property. You should consult with an attorney who specializes in probate who can review your situation and explain your legal options.