Need Interpretation of verbage.....

What is the name of your state? West Virginia.....Could someone please interpret the following verbage from a legal document and let me know if I am perceiving it as it is written, Thank You....

"....damages shall be distributed to surviving spouse and children including adopted children and stepchildren, brothers, sisters, parents, and any persons who are financially dependant upon the decedent at the time of his or her death, or would otherwise be equitably entitled to share in such distribution...."

The question I have is does it mean where it says adopted children and stepchildren, adopted children and adopted stepchildren? Or does the stepchild have to be adopted at all according to this statute. This is in regards to a wrongful death claim. This is exactly how it is written on the court papers I have.

Thank you very much.

I'm no legal whiz .....but since it is worded as "adopted children AND stepchildren..." I would take that as if the stepchildren are viewed in the same light as any adopted children. So I would think that -"no"- the stepchild would not have to have been adopted, so long as this was -- as it later states-- a child that would have been dependant upon the deceased.

I'm sure that you could even contact the office from which the paper you have came from for clarification.

[VeronicaGia]

You should post this question on the wills and probate board on this website.

Okay, first the dependent in question is, as far as I know, legally a step grand daughter. She is 34-36 yrs old. Not adopted by my father. She was my step mothers grand daughter. And both my step mother past first, then my dad. This is not involving a will or probate. It is from a wrongful death suit. ASBESTOS. Also what are the percentages the courts use to distribute the award? (ie) Spouse 50%, son 20 % and so on or does it state this in the law. I have looked it up but can not find it. And it was listed in the will, listed as an undisclosed amount. Furthermore, she is legally my dads step grand daughter, but has her listed in the will as step daughter. Furthermore, she is the executrix of the will, after my sister probated the will, a year later, she opened it back up to do this lawsuit. No one informed me of any of this until this year. My dad died over 5 years ago. Also, on the court papers they have a list of her natural uncles and aunts, who are my dads step children, but none, I repeat none are or ever were dependent on my father. Where does it state in the law that step, whatever they are, are entitled to more than the natural children? I have been told by 3 different lawyers from 3 different states, including my own, that say this can not be done. She is trying to get 65% and give me, my sister, and my brother 5%. Help please.