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And just to be clear, no adoption ever took place, correct?
That is correct--Step-Daughter never legally adopted by her Step-Mother after her Father (Husband to the Step-Mother) deceased.
Yes--That is correct--Step-Mother never adopted the now Deceased Step-Daughter--her Deceased Father was married to the Step-mother fpr over 10 years
My reading of the statute (RRS 77-2004) would be that it is a class 1, based on 2 points; you were married to the biological parent, and therefor classify as a spouse; and you were in an acknowledged child/parent relationship for presumably not less than 10 years preceding the step-daughter's death. I sympathize with the step-mother for her loss.
This is probably more information that you need, but it's a general overview of the inheritance laws in NE: http://www.revenue.ne.gov/tax_exp/2000/k.pdf.
Please let me know if you need clarification on any of the above.
I was thinking it may fall into the category of a "Remote Relative"?
I read it to be in the "Remote Relative" Category --as the reference is to the Decedent (Step-Daughter)to be in the Parent Role--which would disqualify the Step-Mother as being the Parental Role.
Thank you for that follow up. Remote relatives are considered aunts, uncles, nieces, nephews, their lineal descendants (offspring) and their spouses. Since the class 1 specifically references parents, and their spouses, this is more on point that the remote relative classification. I see what you are saying about the parent role, but from a legislative intent standpoint, it would appear that the legislature was trying to acknowledge non-biological parents.
Thank you--I was reading it both ways--and, of course, could not identify a specific Step-Mother reference.
You are welcome. I would think that the legislature would clarify this in the near future, since step parenting is not an uncommon occurrence by any means!
Did you have any other questions relating to the above?
I am good with your clarification--thanks for the timely assistance.