If my dad dies then does his kid with another woman (half-sister) have any rights to our family land?

Question

The land has been in our family for a very long time. Does she have any right to it? If she is still a baby then does her mom get control of the land for her? How can I still inherit the land without her interfering?

Answer 1

Yes, unfortunately, she has right to it. Do you think your Dad is going to die? If he writes a will, hopefully he will leave the land to you. :] Ask him to put you in the will since the land has been in your family and not the other child's.

Answer 2

OK, based on this evening's series of questions, I see an imploding family drama here.

There could be all manner of deed restrictions on the land in question, for a moment I'm going to assume not. In that case, your father can leave the land to anyone he wants in his will. He can leave it to his wife, or to any combination of his children, possibly in trust if they are minors. In the absence of a will the state will (eventually) do the job, which may give control of pretty much everything to the wife. The problem comes that when the wife dies you don't want her to be able to give preferential treatment to her own daughter.

There's no particular reason, in my mind, that the half-sibling isn't entitled to be treated like you and your sister. (Though I've gathered that you feel very strongly on this matter.)

If there is a lot of land involved here, you need to talk to your father (if he is alive) or to a good probate lawyer (if he is dead). Assuming that he is alive today, he has nearly complete control over how this situation works out...I would hope he would come up with something equitable to all his children.

Answer 3

If your Dad has a will then that will settle it, if not in most states if he is married to this or any woman 1/2 will go to her and the other 1/2 will be divided between his other children. If he's not married to anyone with no will it will and should be divided between all his children and any child that is a minor the Mother will retain control over the minor child's share until they reach legal age. Not that you care but you sound rather selfish not to want to share with your siblings. They are entitled to just as much as you are. I'm glad my kids don't look at things the way you do.

Answer 4

If your father is on her birth certificate and leaves the land to the both of you then she is. If in his will he puts that he wants the land to go to you, then she will not get the land. Without a will then you will both get a fair share of the land.
You should be open with your baby sister, even though she is 1/2 she is still your sister.

Answer 5

A lot will depend on the wording of your father's will, but if he has more than one child, his inheritance should of course be split fairly and evenly between his offspring. If one of the heirs is underage, their share of the inheritance can be put in trust until they come of age.
On a personal note: "the land has belonged to our family for a long time, does SHE have any right to it.....". Whether you like it or not, your father's child with a woman not your mother is a member of the same family you're a member of. Live with it.

Answer 6

Yes she is entitled to part of the land. If she is a Baby then it would probably go into a trust until she turns 18. Or your Dad can put it in writing.

You can keep her from interfering by asking your Dad to place in writing that you be the sole beneficiary. '-)

Answer 7

That is the REASON all people need to make WILLS nowadays -- especially with all these different relationships breaking apart, new relationships, and bad blood between the step-families ...

IF there is no will -- then yes, the step-sister will be allocated a part of the estate with an Adult appointed as her financial guardian until she turns 18. So it is quite possible that her mother could be in control of a part of your father's estate if he dies.

Answer 8

the only way she has no claim on the land is if your father leaves a will, and states that he does not want his other child to have any of the land-he might leave her something else instead.
if your father does not leave a will making his wishes clear, then the mother of the other child can file for partial claim on the land. and if she gets part of the land, then the mom you seem to really hate will have control of it until the other child comes of age.

Answer 9

Yes.
His other child has the same rights to it as you do.
Why are you so concerned about your sister having a part of the land that your father owns? She IS your sister, after all, and he is her father too.
Instead of wasting time worrying about what is going to happen when your father dies, why don't you just enjoy the time you have with him and his/your family?!

Answer 10

Those kids with another woman are his kids just as you are to him. I am sure he will want to divide it equally among his children. But in order for you to inherit all of it, he must specify it in his will. And even then, if he puts it his will that his kids will get the property after his wife dies, the current wife can change it and make it to her kids alone. I had a neighbor who's wife did that..