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A friend of mines father died a month ago and his estate was obviously passed on to his step mum which obviously caused no problem and was understandible. Unfortunately his step-mum died 2 weeks later after falling ill. He was upset by this. But now his step-mums daughter is saying that he will recieve nothing as his fathers and stepmums fortune will be divided up between his stepmums children.

If it had been a long time after that his step-mum died then this would have been easier to take but 2 weeks has grated on him as he gets nothing and step-mums children get everything. He would much rather have his father back than money but he doesnt see why her children should get all of his hard earned money. No wills were made by either party

2007-06-27 21:59:31 · 9 answers · asked by colesey72 4 in Family & Relationships Marriage & Divorce

9 answers

IMMEDIATELY tell your friend to file PROBATE on his father's estate. INTESTATE probate is filed for those without a will.

Any asset that is jointly owned, (ie home owned as joint tenant with rights of survivorship) passes to the title holder upon death of one party. Also, insurance passes outside of probate.

HOWEVER, step-mums daugher it lying or simply ignorant of the law.

2007-06-28 00:18:12 · answer #1 · answered by hexeliebe 6 · 1 0

What a bunch of crap from the steps. Honestly, I would think that since there were no wills by either party, it may resort back to the father's children not the step children. He should seek an attorney immediately!!!!!! Don't waste any time on this and I completely understand his position, why should all of his father's money go to step children and not to his actual bilogical children. Tell him to fight fight fight......

2007-06-29 09:53:09 · answer #2 · answered by Elvira 3 · 0 0

If no wills were made by either party I would have your friend stop dealing with the step kids and have a lawyer deal with the step kids. Your friend has every right to that inheritance and a lawyer can help him get his fair share.

2007-06-28 05:04:46 · answer #3 · answered by libranrey 2 · 0 0

If they is no will, then it will go to probate court. You can file a claim for your share of the inheritance I believe. You should be entitled to something after all it is your blood relative that died in the beginning. k I would fight it all you can, get you a lawyer asap.. good luck..

2007-06-28 13:23:58 · answer #4 · answered by ? 5 · 0 0

He needs to speak to a solicitor as this will have to go to probate and they will divide the inheritance to any surviving children including him! They need to stop being so greedy! They cannot just divide it all themselves as it is illegal, by law this should go to probate!

2007-06-28 05:21:28 · answer #5 · answered by vampini 3 · 0 0

Tell him to consult an attorney about contesting the estate.

2007-06-28 05:05:06 · answer #6 · answered by PEGGY S 7 · 0 0

if no will was made then your friend is entitled to his father's share. tell him to get an attorney and he'll get what is rightfully his.
he's lucky a will was not made!!

2007-06-28 05:13:43 · answer #7 · answered by *** 2 · 0 0

he should try to get them together to talk about it and if they insist not to give him anything then, he might contact the well fare for help.

2007-06-28 05:27:44 · answer #8 · answered by loveit 2 · 0 0

if there was no will, it can be contested by his son... his son should be entited to of his estaste ,,, and her kids hers... seek a lawyer on it

2007-06-28 05:07:31 · answer #9 · answered by Anonymous · 0 0

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