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when my father passed away/my step mother says we(children)have no rights to anything that belonged to my father/ do birth children have any legal rights to parents belongings

2007-09-20 07:30:09 · 19 answers · asked by chirpy45 2 in Politics & Government Law & Ethics

19 answers

If he died without a will, yes you do. If he left everything to her in a will OR if everything was jointly held prob not.

Please understand if HE DID NOT LEAVE A WILL then his belongs are given out according to state law.

My state says 1/3 to the spouse and 2/3 to children UNLESS there is only one child (then they split 50/50). Hope there is no will and you live close.....

2007-09-20 07:38:51 · answer #1 · answered by professorc 7 · 1 0

Was there a will, if so were the kids in the will meaning you, I found out the hard way do not take someones word for it that you will get something, here in IL. you have from the time the will is read you have six months the take it to court, after that you are S.O.L. check on what I told you about the will, do this asap.

2007-09-20 07:41:37 · answer #2 · answered by kim t 7 · 1 0

Depends what state you live in. If they owned a home together then she will get that. but as the children you have more of a claim then she does. I would contact a lawyer right away.

2007-09-20 07:38:17 · answer #3 · answered by kingsgirl 3 · 1 0

No you are able to't request attempting out from the court docket. If he says he's the father and desires to be the father, then you definately have no say. interior the courts eyes that issue does not contain you. till you claiming divorce because of the fact of infidelity. notwithstanding, you nevertheless won't be able to lead them to get a DNA attempt.

2016-10-05 01:56:01 · answer #4 · answered by teresa 4 · 0 0

I hate to tell you this, but she is correct.

I am sorry that you are having to go through this, but a wife has more legal rights than his children. This happened to my Mother in law whose father remarried and left them with nothing...while his wife left everything that he worked for to HER children.

2007-09-20 07:44:28 · answer #5 · answered by Fedup Veteran 6 · 0 1

Go to the town where the will was filed and you can look at the will. It's public information.

Adult children are not entitled to anything, however you might have the right to contest the will if you think something is fishy.

good luck.

2007-09-20 07:38:23 · answer #6 · answered by Anonymous · 0 1

Sure you have rights. And since the step mother wont allow you to have anything, you need to hire some lawyers and go through the courts to get what you want. It helps to be specific about things too.

2007-09-20 07:36:37 · answer #7 · answered by MrKnowItAll 6 · 0 1

You most likely have some sort of rights, but onlt those your father would have left in a will.

You would not have the right to say where he was buried, or where any of his possesions go to or anything else unless it was in a will.

If there was no will, then neither you nor your evil stepmother have any rights yet. Get an attorney and go to court. If there is no will, then you could still have many rights.

2007-09-20 07:40:40 · answer #8 · answered by mfluderx10131121 2 · 0 3

If your father left a will, you are entitled to what he left you under the will. If it says you get nothing, that's what you get.

If he died without a will, your state has a law that determines who gets what. These are called the "laws of intestate succession".

These laws vary from state to state. See a lawyer.

2007-09-20 07:34:34 · answer #9 · answered by raichasays 7 · 2 0

Did he have a will? How were things titled?

His wife typically does get everything and if she spends it all, you are out of luck. Everything passes to the spouse.

2007-09-20 07:42:04 · answer #10 · answered by Anonymous · 1 0

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