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February 8, 2009Dad died without a will. Mom still living, but had kids in previous marriage. How can we make sure Mom's other kids get nothing of our Dad's?
You can go to court and sue your mothers other children because by law they are entitled to nothing.
What is really sad is that if your Dad has any other living relatives they can sue your mother and you (his biological children) just for what ever they want because they are blood relatives. That doesn't mean they will get it, it just means that they have that right.
Horaayy..there are 9 comment(s) for me so far ;)
I don't think you legally have a leg to stand on. Since she is the remaining spouse she gets to decide NOT you.
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Everything your dad had is also your moms. She will have to make a will so everything goes to you, or sign over property at some time before she dies.
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Just get welfare, foodstamps or a pimp.
There's some POSSIBLE sources of income for you
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You can go to court and sue your mothers other children because by law they are entitled to nothing.
What is really sad is that if your Dad has any other living relatives they can sue your mother and you (his biological children) just for what ever they want because they are blood relatives. That doesn't mean they will get it, it just means that they have that right.
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your dads estate should be distributed according to the laws of intestate succession and it all depends on how much he was worth as to who gets what, but if your mum and dad were married then your mum will probably get the majority of it anyway and then its up to her to do with it what she will and im afraid you dont have a say in it.
go and take advice from a solicitor to make sure you know your rights though
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i work in the estate business
Depending on the state that your in you may have some legal action. Talk to a lawyer just to see what to do and maybe you can take her to probate court. You are his child and you have rights.
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Everything goes to her. But any personal items that belonged to your father or were family heirlooms from his side of the family, you should talk to her about. And let her know that it is something you would like to have, or something one of your siblings would like to have. Then all of those things need to be put into her will.
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With no will, your mother will inherit everything.
Once she inherits, if she has no will when she passes, the estate will be ordered liquidated and any profits dispersed among HER living children! This includes any children she may have had from a prior marriage, or any she may have had out of wedlock and any she had with your father.
It's is totally up to her, who inherits, if she does make a will! Not a whole hell of a lot anyone can do about it if she is of sound mind at the time she makes the will.
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That's now your Mom's decision.
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