Inheriting from a stepparent can be a complex concern, especially if the estate plan of a stepparent and/or state laws are not clear on the matter.
In Nevada, stepchildren’s inheritance rights are generally not automatic and depend largely on any efforts that a stepparent has made to engage in estate planning.
Inclusion in a will or trust
The most straightforward way for stepchildren to inherit from a stepparent in Nevada is if they are specifically named in the stepparent’s will. If a stepparent wants to leave assets to a stepchild, they should clearly state this intention in their will, so that the stepchild is explicitly named as a beneficiary and can inherit according to the stepparent’s specified wishes.
Stepchildren can also inherit through trusts. Stepparents can create a trust and designate their stepchildren as beneficiaries, which will allow their assets to pass to their stepchildren free from the stresses and legal risks traditionally associated with the probate process.
Adoption
If a stepparent legally adopts their stepchild, the stepchild will gain the same inheritance rights as biological children under Nevada law. This means that, in the absence of a will, the adopted stepchild would have the right to inherit from the stepparent under Nevada’s intestacy laws, which govern how estates are distributed when someone dies without a will.
Otherwise, if a stepparent dies without a will (intestate), Nevada’s intestate succession laws typically do not favor stepchildren. These laws prioritize the distribution of assets to biological and legally adopted children, spouses and other close relatives. Therefore, without specific provisions in place, stepchildren generally do not inherit under intestate succession.
As stepchildren typically do not have inheritance rights under Nevada’s intestate succession laws, to ensure that stepchildren are included in an inheritance, stepparents should clearly state their intentions in their estate planning documents.