Can Stepchildren or Non-Biological Children Claim Life Insurance Benefits in Florida?

The Most Important Rule: The Beneficiary Designation Controls

In Florida, life insurance proceeds are typically paid directly to the named beneficiary on the policy. This designation usually overrides:

• A will

• Family relationships

• Intestate inheritance laws

• Verbal promises

If the policy clearly names a beneficiary, the insurance company must pay that person unless there is a valid legal challenge.

When Stepchildren or Non-Biological Children Can Receive Benefits

1. They Are Named as Beneficiaries

The simplest scenario is when the policy lists the stepchild or non-biological child by name.

Examples:

• “Primary beneficiary: Maria Lopez (stepdaughter)”

• “Beneficiary: All children, including stepchildren”

In these situations, the insurance company must pay the benefit according to the policy terms.

2. The Policy Uses Broad Terms Like “Children” or “Issue”

Sometimes a life insurance policy does not name individuals. Instead, it may say:

• “To my children”

• “To my issue”

• “To my descendants”

Whether a stepchild qualifies depends on the legal relationship.

In Florida:

• Biological children are included.

• Legally adopted children are included.

• Stepchildren are usually not included unless:

  • The policy specifically includes stepchildren, or

  • The stepchild was legally adopted.

This is one of the most common sources of life insurance disputes.

3. The Stepchild Was Legally Adopted

If the insured legally adopted a stepchild, Florida law generally treats that child the same as a biological child for inheritance and insurance purposes.

In that case, the adopted child is typically included under terms like:

• “Children”

• “Descendants”

• “Issue”

4. There Is No Named Beneficiary

If the policy does not name a beneficiary—or if the beneficiary has died—the proceeds usually go to:

1. A contingent beneficiary, if listed; or

2. The insured’s estate

If the money goes into the estate, it will be distributed according to:

• The will, or

• Florida intestacy laws if there is no will

In this situation, stepchildren usually do not inherit unless:

• They are named in the will, or

• They were legally adopted.

When Stepchildren or Non-Biological Children Usually Cannot Recover

In most Florida cases, stepchildren or non-biological children cannot claim life insurance proceeds if:

• They are not named as beneficiaries, and

• The policy uses terms like “children” or “descendants,” and

• There was no legal adoption.

Even if the deceased:

• Raised the stepchild for decades, or

• Promised to leave them the insurance proceeds,

the insurance company will usually follow the written beneficiary designation.

Common Disputes Involving Stepchildren and Life Insurance

These cases often lead to legal conflicts, especially in blended families. Typical disputes include:

• A policy naming “children,” but the insured had both biological children and stepchildren

• A former spouse or biological child claiming the proceeds instead of a stepchild

• A beneficiary change shortly before death

• Claims that the insured intended the stepchild to receive the benefits

In these cases, courts look at:

• The exact wording of the policy

• Adoption records

• Divorce decrees

• Beneficiary change forms

• Evidence of fraud, coercion, or mistake

Special Issues After Divorce or Remarriage

Blended families often create complicated life insurance disputes.

For example:

• A parent remarries and raises a stepchild

• The policy still names “my children” from a prior relationship

• The stepchild is not adopted or named

In that situation, the stepchild may receive nothing—even if the deceased treated them as their own child.

What to Do If You Are a Stepchild or Non-Biological Child

If you believe you may have a right to life insurance benefits:

1. Request the policy documents from the insurance company.

2. Determine:

   • Who is named as beneficiary

   • Whether the policy uses terms like “children” or “descendants”

3. Check whether there was a legal adoption.

4. Consult a Florida life insurance attorney if:

   • You were promised the benefits

   • The designation is unclear

   • There was a last-minute change

   • The insurer denied the claim

Can You Challenge the Beneficiary Designation?

In some situations, stepchildren or non-biological children may have grounds to challenge the payout, such as:

• Fraud or undue influence

• Lack of mental capacity

• Forged beneficiary change forms

• Violations of divorce court orders

These cases are fact-specific and often require litigation.

The Key Takeaway

In Florida, life insurance benefits usually go to the named beneficiary—regardless of family relationships. Stepchildren and non-biological children typically receive benefits only if:

• They are specifically named, or

• They were legally adopted.

If there is any ambiguity or dispute, it is important to act quickly and seek legal advice.

Need Help With a Florida Life Insurance Dispute?

If you are a stepchild, non-biological child, or other family member facing a life insurance denial or dispute, you may still have legal options. An experienced Florida life insurance attorney can review the policy, investigate the beneficiary designation, and fight for the benefits you deserve.

Have you or someone you know been denied a life insurance claim? Contact Florida Life Insurance Claims Lawyer J.P. Gonzalez-Sirgo by dialing his direct number at (786) 272-5841, calling the main office at (305) 461-1095, or Toll Free at 1 (866) 71-CLAIM or email Miami Attorney Gonzalez-Sirgo directly at jp@yourattorneys.com or by text at (305) 929-8935.

This article is for informational purposes only and does not constitute legal advice.