Do you have legal rights to step-fathers estate?

He also left no will. There are 2 children of lineal descent from my dad, me and his son. Now these ‘children’ have taken us to court saying they have a right to 1/3 of their mothers ‘personal estate’ and the judge has agreed. The thing is we have given them all of their mothers possessions and they keep asking for more.

When is a family member responsible for an estate?

If there’s not enough in the estate to cover the debt, the remainder goes unpaid. However, there are some conditions when family members may be responsible: if they co-signed an obligation, are a spouse of the deceased, or are legally responsible for handling the estate and haven’t complied with laws.

How are deceased estates administered after the BHE decision?

After the Bhe decision, deceased estates will all be administered in terms of the Administration of Estates Act (Act 66 of 1965, as amended). This implies that Magistrates will no longer supervise and administer deceased estates; only the Master of the High Court will do so.

What happens to a child’s estate in TN?

TN law states that if a person dies intestate and there are surviving children then 1/3 goes to the spouse and 2/3 to the surviving children. So the 2/3 sounds correct. What should have happened is an executor should have been appointed and made an inventory of all assets that are part of the estate.

Who is the heir to my father’s estate?

If he left no will you and your sister are his heir and would divide anything left in his estate between the two of you. However, if she made those transfers while he was alive with a valid power of attorney, those items might already be hers. * This will flag comments for moderators to take action.

What happens if my sister does not open an estate?

Without a will, heirs of the same degree you and your sister share equally. If your sister does not open an estate you can petition to do so. The power of attorney expired when your father passed, so your sister has no more authority than you have.

What happens to my father’s property after he dies?

Also, a person holding a power of attorney can breach their fiduciary duty by taking assets of the principal. It sounds like you need to retain an attorney at this time and avoid future litigation if possible. Without a Will, your father’s property would go equally to his kids. A probate may be required.

Can a step parent be the real father?

He is all she knows and she loves him too. I disagree totally. In most cases of step parent adoption it is because the bio parent has not taken any care or responsibility for their child. If a step parent loves that child then they are the “REAL” father.

What happens to my stepfather’s mother’s estate?

His mother and her husband owned a large home, several vehicles, land up north, a rental up north…etc.

Can a child be adopted by a step parent?

I ask you to think carefully about the long-term before you choose to impose step-parent adoption on a young child. While you never know how your current marriage will turn out, or whether you and your spouse will still be together in 10 or 20 years, your child’s father (or mother) will ALWAYS be their parent.

How old was my step father when he died?

My step father passed away 2 months ago. He was the only father I’ve had my entire life. He has no other children. My children are his grandchildren!! My mother divorced him 7 years ago.

What happens to my stepfather’s estate after death?

My mother divorced him 7 years ago. Does this mean I have no legal right to ANYTHING after his death. I know he had money, I want none of it. We asked his brother if my wife, my children and I could get the house, we were told to purchase it.

Can a biological parent stop a step-parent from adopting?

If the other biological parent is deceased or consents to the adoption, there is no legal barrier to prevent the adoption (assuming the other statutory requirements for adoption are met, such as having a home study).

Where do step-children have legal rights to step-fathers estate?

The State of origin is Tennessee.. I believe 2/3 of the mothers estate went to her children in this matter. The 4 step- children are, however demanding things we have never seen or located in the home.

When did your step-mother die and what happens to her estate?

One possible scenario is this: when your step-mom died intestate in Jan 2008 her estate assets should have been split between her husband (your father) and her children – how much each gets depends on the specific rules of her state of residence. Is this the portion that her children are now demanding?

Who is Mina Hawk’s Sister-in-law that passed away?

Stefanie Hawk, who is Mina Starsiak Hawk’s sister-in-law unexpectedly passed away on March 26th, 2020. Mina and her husband, Steve Hawk, announced the tragic news in a pair of Instagram posts which paid tribute to Stefanie.

What happens to my stepfather’s children after he dies?

After her husband, my stepfather, died, we learned that everything went to his children from a prior marriage. Can we do anything about that?” Or: “Our father and stepmother had a joint trust leaving everything to all of their children — my siblings and my step-siblings — when the second one of them died.

What happens to your father’s estate if your stepmother dies?

In this case, as your late father has been survived by his second wife, the estate passes to your stepmother absolutely. As a result, your late father’s assets become your stepmother’s assets with which she can do whatever she likes.

Is the father of my husband’s mother still living?

My husband’s mother just passed away suddenly and her husband is still living (not the parent of my husband or his sister). He has 3 very greedy children and I worry that unless something is written down with regards to who gets what later, it will just turn ugly when he passes away someday.

What happens if your father and stepmother made life interest trust wills?

Your late father and stepmother would have made individual wills. Regardless of marital status, an individual has their own will but it may be that your late father and stepmother made mirror-image wills. What happens if your father and stepmother made Life Interest Trust Wills?

Can a car title be transferred to a probated estate?

Is The Vehicle Part of a Probated Estate? Once a vehicle owner has passed away, the process for transferring the car title of the deceased person varies depending on whether the vehicle title was in the individual’s name as a decedent or whether it was in a joint ownership.

Can a former spouse revoke a gift made in a will?

Additionally, many states, including California and Texas, have laws that automatically revoke gifts made in a will to a former spouse upon divorce, but not all do, so it may also be necessary for former spouses to update their wills after divorce. Washington Post: Will the Widow or the Ex-Wife Get the Money?

What happens if my ex husband passes away without a will?

My Ex husband passed away recently without a will and we were married 36 years and have 4 children together, divorced in 2002 and the Quardo’s were never completed due to his attorney not finishing up on anything, My ex did remarry which lasted 6 years and now she wants everything. Do I have any recourse? What is my next step?

Can a person in possession of a will not file for probate?

In some states it is actually a crime for a person in possession of an original will not file it with the appropriate probate court after the person in possession of the will learns that the person who made the will has died.

Who is entitled to inherit father in law’s trust?

Generally, your children who are your father-in-law’s grandchildren may have a copy of the trust or will terms. Reviewing this with your lawyer may confirm only that your children had rights to inherit. Advertisement

Who is entitled to a share of the child of the deceased intestate?

The mother, when co-existing with a child of the deceased intestate, or a child of his or her son, how low soever, or two or more brothers and sisters, whether consanguine or uterine, is entitled to a share of 1/6. When none of the above coexists with the mother, the mother’s share would be 1/3.

Do you have to divide an estate to include the children of?

If one of the siblings is deceased, his share goes equally to his descendants. Thus, in order for the law to require the estate division to include the children of a deceased brother, the person must have died without a will, spouse, children, grandchildren or parents.

What happens to the estate of someone who dies intestate?

If someone dies intestate and has no surviving spouse, children, grandchildren or direct descendants further down the line, the estate goes to any surviving parents of the deceased. If the deceased doesn’t have any surviving parents either, the estate is divided equally between siblings.