Within days after my father passed away my Stepmother and step siblings began dividing my dads things and going over his will.I had no idea, because no one told me it was happening.I missed out on the divisions of everything. Ive asked family memebers what dads final wishes were and was told about a will that left certian things to certian people and with no mention of myself or my bioliogacal little sister in it. Just stepmom, stepsister and one of my two stepbrothers. What was not mentioned in the will was left to stepmother who sold and gave away valueable things without even asking me if there was anything I might like to have. Including family heirlooms. My feelings are hurt and nobody cares. Is that so wrong? Ive been told by stepsister that everythings long gone, sorry about your luck, even legaly nothing can be done about it now and that because stepmom had all rights to dads property she also had all rights to disteribute things to people she wanted to give them to.
2006-08-12 20:17:23 · 4 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
If a person has a will, they are generally free to distribute their property in any way that they choose. Just like they would be free to give away their personal property while they were alive.
That's the way the law works. There are some statutes to protect spouses, but very few to protect children unless the children were born after the will was created (the law presumes the child was not anticipated, unless the will states otherwise).
The actual probate laws vary by state. If you have a specific legal question, you should consult with a licensed attorney, preferably one experienced in estate planning or family laws.
2006-08-13 05:41:33 · answer #1 · answered by coragryph 7 · 0⤊ 0⤋
You need to run and see a lawyer. Even though your father had remarried unless he fully cut you out of the Will completely you still have rights to your father's estates. If there's a Will then it should have been submitted to the probate court. You can go down to the probate court and ask to see the file and read exactly what the Will says.
If there are provisions in the Will that includes division of property to you and you didn't receive it, then you can sue the personal representative for the items.
2006-08-13 08:07:22 · answer #2 · answered by El_Nimo 3 · 0⤊ 0⤋
it's an unfortunate situation but many times when a man remarries his complete attention is to the new life/family and disregards the original family.
You can ask to see the will, but no heirs except the wife/ young child for child support has any legal right to inheritance. So if during your fathers life with his new wife and step kids he decided unless under undue influence decided to leave it to his new family only you have no recourse under the law
2006-08-13 04:03:24 · answer #3 · answered by goz1111 7 · 0⤊ 0⤋
If the will specifically disinherited you, chances are there is nothing you can do. I have a friend whose father disinherited her when she was married. She divorced a few years later and her father said he would put her back in the will. He never got around to it before he died. She was screwed. The will stood.
2006-08-17 01:02:52 · answer #4 · answered by hannahthemovie 2 · 0⤊ 0⤋