my dad did not leave a will but my step sister has this document from her mums will.my dad owns the house.?

Question

this document that my step sister as is from her mums will and it says that she is benifisheries but my dad didnt leave a will and he has 9 blood off springs as this document mean that she can claim on the house or does it go to next of kin.

my step mum died 8 years ago and left the house to my dad in her will but all so named my step sister a beneficarie in the will

Answer 1

If your step mother as i followed it, left the house to your father, and now your father died without a will, the administration of estates act 1925 will take effect.

Your step sister, would have obtained any share already of the house, and so you may already be registered owner or have interest in shares of the house. A Solicitor can check legal title to see exactly whats what.

If her share is not registered, then the act i mentioned will work, i think that any will in the past will not have effect, it would have been effected by any prs in the past.

SInce the act will come into play the administrators should sort everything out.

There may be inheritance tax to pay if the value of your fathers estate - debts = more than £285,000. Its payable by the administrators in this case at 40% if over this threshold.

Answer 2

To be honest, I'm not real sure I followed your question, but if your father died first then most likely his property would go to his wife as his next of kin. If she died and left a will leaving her property to your step sister then the house belongs to your step sister. But as I say, that's only a guess based on what I guess you were asking. You should get a lawyer and give her all the facts and documents to examine and sort through since there seems to be a lot at stake.

Edit: After reading your additional details, the answer is, it depends on what your father owned. You cannot inherit more from him than he owned. Just because your step sister is a beneficiary doesn't let you know exactly what she owns. You will need to find out what your step mother's will says because that will tell you what she gave your father. For example, she could have said that your father and step sister would share the house until one of them died and then the other would become full owner. Or it could say something else.

Talk with your step sister and your other siblings. All of you should sit down with someone with knowledge of this area to discuss your rights and responsibilities.

Answer 3

It depends on if your step-mother is alive and what the "common laws" are about inheritance are in your state. Also it matters about your age and who you live with now.

If your step-mother is alive and is caring for you then most likely she will keep the house unless you (the 9 children) get someone to "take you" into their homes and take guardianship of you. Then perhaps you can have the courts sell the house and divide the money equally between the 9 surviving kids and your step-mother. Unless your step-sister was adopted or your state laws say otherwise, most likely she will not receive anything until her mother passes away, and then only her mothers part.

Call a free legal help line in the phone book or ask at your local library, good luck.

Answer 4

It depends where you are. Someone already answered for theUS. In Britain you need to get legal aid. You can visit a free clinic as solicitors hold them on a regular basis. He/she will be able to tell you exactly what to expect.

The fact that your dad didn't leave a will shouldn't have too much of an impact in the sense that no step-father/mother can actually deny previoous children rights but it still means taking legal advice firstly to know where you stand, secondly if you have to contest your step-mother's will. Check out solicitors today and if you don't know of any, ask the Rights Adive Bureau as they'll be able to give you contact numbers.

Best wishes

Answer 5

Don't start a fight ! you will all lose and the lawyers will win .
Suggest to your step sister that the house be sold and the profit shared equally , or if you wish to keep the house have it valued and buy her share in the property .

Alternatively you could all get lawyers pay them $1000's of dollars to do nothing but waste time ensuring the case takes years to reach court . The court will then apply simple common sense to the matter and divide the inheritance equally which should leave each of you enough to pay half your legal fees .

Answer 6

That document she has is about as useful as wet toilet paper when it comes to fathers estate. If no will was written then everything would go to his current spouse. If there was no spouse then it would go to his children.

Answer 7

good girl