i am the oldest of my fathers children. he never married my mom. when i was 8 he married someone else & had three more daughters. my half sisters know nothing about me. he did pay child support for 18 years. my step mother knows about me. he never had contact with me over the years, mainly because of my mother & his wife. its a very long story. anyway he did come & visit me as an adult but then stopped coming because of his wife. i was wondering if i am not in his will, could i fight it to get some of his estate? any help will be greatly appreciated. also, should i ever tell my sisters who i am if i should meet them? the decission not to tell them was their mothers.
2007-09-25 02:38:18 · 11 answers · asked by peaches 1 in Family & Relationships ➔ Marriage & Divorce
The Law in Australia says that a father has an obligation to care for his children....that means financially as well...and not just in life. It doesnt matter whether you have never seen him, you are his child and you should be provided for in his Will. I dont know what the laws are in your country, but I know any child of a deceased person, regardless whether it is a step child or not can expect to get part of the estate. This could change though because if he dies before his wife.....he may leave everything to his wife, therefore none of his children will be able to make a claim on his estate. If I were you, I would ring a Lawyer and see where you stand in this regard.
I also think your sisters have a right to know about you. I guess that too depends on their ages. If they are adults, then there is nothing stopping you from getting in contact with them. Maybe contact your father and tell him that you would like to have contact with your sisters and it would probably be better if he were to tell them about you before you try to contact them. My daughter has three half brothers she has never seen. She knew about them, but was unsure if they knew about her. She put an add on a website and got an answer from one of her brothers. They have been emailing each other regularly now and are planning on meeting. I think your father is wrong and is denying his other children the right to know they have another sister. Good luck.
2007-09-25 02:58:31 · answer #1 · answered by rightio 6 · 0⤊ 0⤋
The ONLY way to give you a relevant legal answer regarding the will is if we know where your father currently resides and if he in fact has a will.
Until then, those who say you have no claim are as wrong as those who say you do.
EDITED TO ADD:
Please stop making false statements. Many states have provisions in Probate Statutes which allow a parent to 'disinherit' a child and that is why before ANYONE can answer the question, we would have to know the state in which the father lives.
In fact, of all 50 states, the ONLY person who cannot be disinherited is the wife.
2007-09-25 10:09:25 · answer #2 · answered by hexeliebe 6 · 0⤊ 0⤋
I'm sorry that you are in this situation. It's not clear if your father has passed....if that is the case, I'm sorry for your loss. If he is still alive, he is the key to your answer. If it is important to you to have a relationship with your half-sisters, you can ask your father to mediate. Just know that they may not share your desire. Your motive in fighting the will and telling your half-sisters makes a world of difference. What is your purpose in announcing yourself to your half-sisters? What would be the purpose in fighting the will?
I am not a lawyer, but I believe that if you can prove you are his child, you may be able to challenge the will. It will be expensive and no guarantee you will win.
Sometimes it's better to just let it go...face the pain, work through it, and move on...
2007-09-25 09:52:08 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Every state differs on wills so check the laws where you live. But if he leaves everything to his wife there is probably nothing you can do. If he doesn't have a will then you may be able to put a claim on the estate. But if you are not a part of someone's life then I don't feel you should have a right to their estate.
2007-09-25 09:52:37 · answer #4 · answered by Love being a Mom 2 · 1⤊ 1⤋
You will have a claim on his estate. That can get real messy.
If you are interested in knowing your half sisters then you should tell them who you are. If you go after some of the estate they'll know soon enough. Can't hurt to be on their good side, it might minimize the fighting.
2007-09-25 09:47:06 · answer #5 · answered by Anonymous · 0⤊ 1⤋
Your father should have made sure you met your sisters. He let some other woman dictate the situation and now his own kids dont know each other. I hate that. The only way you will know if you are in the will is to ask him. Usually wills are solid so I doubt you can get something if your not in the will, especially since your an adult.
2007-09-25 09:46:29 · answer #6 · answered by Mean Carleen 7 · 0⤊ 1⤋
If you are not in the will unfortunately you get NOTHING and he may assume that his new wife will give SOME money to you, but legally she does not HAVE to give you a dime.
I would talk to you father and tell him that you want to meet your sisters and want a relationship with them and your father. GOOD LUCK!! :)
2007-09-25 09:49:56 · answer #7 · answered by Mrs. Jack Sparrow ♥ 5 · 0⤊ 1⤋
every child is intitled to something when their parent passes.. thats if the parent has anything to give... u can protest it. u have to recieve at least 1 dollar... not much huh... also if ur sibblings are adults then they should know about u. shame on their mom from stopping it this long. gl
2007-09-25 10:40:22 · answer #8 · answered by kitttkat2001 5 · 0⤊ 1⤋
You should fight to be loved by him and to be a part of his life, but I can't imagine of only thinking of ways to be in his will.
2007-09-25 09:47:39 · answer #9 · answered by The Wižard 5 · 1⤊ 1⤋
Talk to a lawyer. You should have some claim to his estate.
2007-09-25 09:44:13 · answer #10 · answered by janicajayne 7 · 0⤊ 2⤋