Do Stepchildren Have Inheritance Rights in Maryland?

 Posted on September 19, 2025 in Estate Planning

In Maryland, stepchildren do not have automatic inheritance rights. Without clear planning, they will likely be left out of your estate, even if you wanted them to inherit. If you are raising stepchildren or have adult stepchildren that you want to include in your will, you should speak to a Bethesda, MD estate planning lawyer about your options. Creating an estate plan is about protecting your wishes and ensuring your family has access to the assets you leave behind.

Understanding Maryland’s Intestacy Laws

Maryland has rules about what happens when someone dies without a will. These rules are called intestacy laws. Under Maryland Estates and Trusts Code § 3-102, property goes to a person’s spouse, children, and close relatives in a set order. Stepchildren are not included.

For example, if a parent dies without a will, the estate may be split between the surviving spouse and biological children. A stepchild who was never adopted would not be recognized under the law. This is true even if you raised your stepchildren from an early age.

Do Adopted Stepchildren Have the Same Right to Inherit as Biological Children in Maryland?

Adoption changes this situation. If a stepparent adopts a child, the law treats the child the same as a biological child. According to Maryland Estates and Trusts Code § 1-207, adopted children have the same inheritance rights as natural-born children. They can inherit under intestacy laws and do not need to be named separately in a will. However, keep in mind that intestacy laws are not an ideal way to distribute your property after death. More often than not, they do not match your wishes and can leave out loved ones you wanted to support.

Taxes also play a role. Maryland is one of the few states that charges an inheritance tax. The law states that spouses, parents, and children do not pay this tax. So, your stepchildren only get this same benefit if they are adopted.

How Can I Include My Stepchildren in My Estate Plan?

If your stepchildren are not adopted and you want them to leave them an inheritance, you need a thorough estate plan. This can include several documents addressing different types of assets and situations. Useful elements include:

• Will: Name your stepchildren directly in a will so they are included in your estate.

• Revocable living trust: This lets you control your assets while you are alive. It also allows you to decide who receives them after your death. You can include your spouse, biological children, and stepchildren in one clear plan.

• Testamentary trust: This type of trust is created through a will and only takes effect after death. It is often used to provide financial support for younger children or stepchildren over time.

• Special needs trust: If you want to protect assets for a stepchild with a disability without affecting their eligibility for government benefits, a special needs trust is best.

• Beneficiary designations: Add stepchildren to accounts like life insurance, retirement plans, or bank accounts so assets go directly to them.

Schedule a Free Consultation With a Silver Spring, MD Estate Planning Attorney Today

At The Eleff Law Group, attorney Susan Eleff offers more than 40 years of estate planning experience. She has earned the respect of clients and peers alike, holding an AV Preeminent rating from Martindale-Hubbell and a 10.0 Superb rating from Avvo. Our team is committed to providing clear and practical solutions tailored to your family’s needs. Contact our Bethesda, MD estate planning lawyer today to schedule a free consultation and start building your ideal estate plan.