Stepfather died, sister cleared house without my knowledge.?

Question

Briefly, my stepfather died and my sister cleared his bungalow and handed it back to the council. She did not inform my brother or myself and will not give us any details of his insurance policies or bank details. My brother and I were legally adopted by him and therefore have legal rights to his estate. She thinks that because she is his genetic nok that we have no entitlement and flatly refuses to tell us anything. Can anyone give me any advice please.
Many thanks

Answer 1

File a special proceeding in court for the partition of the estate of your stepfather. In the meantime, file a special civil action of mandamus against your sister to return all the properties of your father for collation.

Answer 2

The other contributors are quite right. If legally adopted, you count as children and have the same rights as your sister.

Note also that if you object to a grant of probate, your sister will be unable to claim a thing (legally, that is) until things are cleared up. In practice if there is no record of what was in the house, small valuables such as jewels, as well as keepsakes may be a lost cause. The expense of fighting over them would be enormous by comparison with the cash value of what you could recover; the sister will deny they existed.

If there is substantial cash involved it might be worth a fight; but be warned - the lawyers' fees come off the top before there's any distribution. You might end up no better off. However, if there are identifiable & substantial assets involved which your sister has squirrelled away, it's theft.

Do remember that a will (once the testator is dead) is a public document. If there is a will, it must be produced. If there is not, intestacy rules apply & you should get your share. It should be worth seeing a solicitor, giving him an idea of the position, the approximate amount you think might be involved, & see what he says.

Hope this helps. Good luck.

Answer 3

Hi Barry,

As an adopted child you have the same rights to a share of the the estate as a natural child unless the will states otherwise.

You can claim an equitable interest in the estate for your share, any shortfall if your claim is successful, was be made good by the other parties who have "helped themselves".

You need to talk to a solicitor who specialises in equity and trusts but beware, this is a complex area of law and it could get messy.

Good luck.

Answer 4

What a shame that you and your brother were not around to keep check on his demise as quickly as his bio daughter was. But you definitely need a lawyer, and fast. I wonder how you found out that he died? The caregiver (sister, presumably) was in the best position to watch, search and take. Were you and your bro doing your own 'thing' and not in close contact? She has to be brought to court to a hearing and answer all the questions. So get the story ready, short and to the point, and your questions ready, both to use for the lawyer and for the court. Your sister will probably be punished in law. Don't eat your hearts out, just be persistent but at the same time try to live normal daily lives.

Answer 5

Definitely not a good situation for you and your brother because she may be keeping the will (if there is one) and you will never know what it says. Looks like you will need help in resolving this problem. Many lawyers see a potential new client for no fee for the first visit. You can explain the situation to him/her and determine whether there is a legal case. If there is a legal case (be sure there is one because lawyers can bleed you and then tell you That nothing can be done) then pursue it if you can afford it and if you think there is a reasonable estate to fight for. Good luck!

Answer 6

Hire your own attorney who will file claim papers against the estate, then she will be forced to declare the assets.

So sad families get split like this over a little bit of cash.. not what your stepfather would have wanted, this is why everyone should have a will.

Good luck, hon.

Answer 7

Try and tell your sister your true feelings, stick with your brother, keep smiling things do get better just beer in mind that three people will deal with the death of a close one in many different ways, you could ask her to put things on hold or that you want to mourn your father together as brothers and sisters, it is better to stick together as a three it sounds like maybe your father would not of wanted you to fall out
but good luck whatever happens

Answer 8

If the account replaced into joint, and your mom did not explicitly direct monies from that account to you specially, then you certainly could be up the creek and not using a paddle as far with the aid of fact the financial employer is in contact. whenever you have a joint account with all of us, the two occasion can deposit and withdraw money up the finished volume with out reason or reason. The financial employer has it set up this thank you to circumvent any criminal matters and so as that the banks themselves won't be able to be hauled into the middle of circumstances precisely like the single you defined. in case you decide on for any variety of restitution in any respect, you will could record a civil healthful against your aunt and function her clarify to a choose why she took the money and what her reasoning replaced into at the back of her movements. it is the only way you're able to have a shot at improving any of the money at this element. although she legally took the money from the financial employer, the courts would award some or all of it to you and your criminal expert in the journey that your aunt gets tongue twisted on the witness stand. good success, and that i'm sorry this got here approximately to you. fairly some human beings dealing with divorces have the offending companion grab their earnings this way as properly. you would be shocked how often one in all those subject happens everywhere on a daily basis. that is jacked up in a undesirable way, lemme tell ya.

Answer 9

If she is mentioned in the will as the sole benificiary nothing but if there was no will it will have to go to probate in your case the eldest son law aplies because you are adopted. she will be resposible to him for anything that has been removed from the property or any banks or insurances.sdhe is in a heep of trouble see a soliciter and place a block with the probate courtif she doesn`t payup she could serve time for theft or fraudulant to deceive. good luck.
HMCS
PHONE [phone].
Number for her majestys court services.

Answer 10

If you are a legally adopted child then you should be classed (in law) as a son or daughter.

However, stepchildren need to be protected and named in the Will of their step-parent, if that step-parent wishes them to inherit as their natural child would.

Suggest you search the web for more information and speak to a solicitor or advocate.