View Full Version : Does my half brother have rights to the estate after dads death
ajhminty
Dec 12, 2012, 02:53 PM
Hi
I have a half brother and my dad is very ill at moment and wondering who would be in charge of his estate when he dies my half brother is from dads 1st marriage they divorced and dad remarried to my mum she is also passed who will deal with estate me or both me and my half brother
Thank u
Wondergirl
Dec 12, 2012, 03:00 PM
Does your father have a will or has he made a trust?
ajhminty
Dec 12, 2012, 03:01 PM
Does your father have a will or has he made a trust?
There is no will or trust just property and money
Wondergirl
Dec 12, 2012, 03:04 PM
there is no will or trust just property and money
Are you in the UK or where?
ajhminty
Dec 12, 2012, 03:04 PM
Sorry yes uk
joypulv
Dec 12, 2012, 03:05 PM
Where is he (and if the US, what state)?
'Mum' suggests UK?
(You said UK while I was typing.)
Wondergirl
Dec 12, 2012, 03:06 PM
Great minds think alike...
ajhminty
Dec 12, 2012, 03:07 PM
He's also in uk
joypulv
Dec 12, 2012, 03:14 PM
According to how I read intestate laws of England, both of you inherit equally, regardless of the fact that his mother is divorced from your dad and your mother has died.
Who is executor is another matter. In the US, either of you can apply to probate court to be it. What you might want to do is pay a solicitor be it so that you don't both end up hiring expense lawyers to sue each other. Sell the property, split the assets equally, and be done.
Best of all, both of you get a solicitor to your dad's bedside and have him write a will! Save MUCH time over having none.
ajhminty
Dec 12, 2012, 03:19 PM
OK thank you very much hopefully we can both do it between us but has we've not spoke for 12 yrs it could be difficult
Wondergirl
Dec 12, 2012, 03:25 PM
ok thank u very much hopefully we can both do it between us but has weve not spoke for 12 yrs it could be difficult
Then that's your first order of business -- get reacquainted! Or acquainted!
AK lawyer
Dec 12, 2012, 03:49 PM
Just to be sure you are using the right term:
After your father divorced his first wife, he married your mother and they had you, correct? That would indeed make you half brothers.
If, on the other hand, your mother had you by a previous husband, that would make you step-brothers, and you would not inherit.
Reason I ask is that people often get these terms confused.
ajhminty
Dec 12, 2012, 04:23 PM
Yes that's correct we have same father diff mother