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3. Learn what happens if you have children 

If you're not legally but you have children and you die without a will, your children share your equally. They get the “”. That's whatever is left after all funeral expenses, taxes, and are paid.

The only apply to your biological and adopted children. The rules do not apply to stepchildren you have not legally adopted.

If any of your children die before you, that child's share is divided equally among their biological and legally adopted children.

If your child dies before you and they had no children, the residue is divided among your other children who are alive when you died.

Stepchild

A stepchild might be able to go to court and make a 's support claim, if:

  • they were your dependant, and
  • you had not legally adopted them.

But these types of claims can be costly and very hard to prove. If you want a child you have not legally adopted to get some of your property after you die, you should make a will.

Designated beneficiaries

The rules explained in Step 1 about designated apply.

So, if you named your child or stepchild as a of an asset they usually get that property when you die. It does not matter if they were your dependant.