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cesimerc · Jan 15, 2009, 04:45 PM

My father passed away recently, he did not make out a will he always felt he had time to do it. A couple of years ago he sent me via mail the original deed to his both properties. He also made a quick note to me (he did not put my name on brief note, when he sent me his paperwork) that said In case he dies he wants me to take... it ended there. This is how he spoke (my dad was puertorican his english was bad).

I am the third oldest child my older sibilings died. My dad had other children that were adopted out they are from another woman.

These sibilings are questioning me about the property and the money they feel is owed to them. They did not go out their way to contact my dad but they are going out of their way to find out what they can get out of his death.

I was told from someone close to my situation that since I carry my dads last name and that the other children never carried his name that they are not entitled to anything. This sounds crazy to me
Also the fact that he sent me all of his information deeds etc and a scribbled letter. That its is considered a will.

I am from nyc, and my dad moved to phila and I know I have to find a lawyer there, but I would like a heads up as to knowing what rights do the other sibilings have as well as what could be my rights. If anyone has had or heard about a similar situation

JudyKayTee · Jan 16, 2009, 06:09 AM

Originally Posted by cesimerc

My father passed away recently, he did not make out a will he always felt he had time to do it. a couple of years ago he sent me via mail the original deed to his both properties. he also made a quick note to me (he did not put my name on brief note, when he sent me his paperwork) that said Incase he dies he wants me to take....... it ended there. this is how he spoke (my dad was puertorican his english was bad).

I am the third oldest child my older sibilings died. my dad had other children that were adopted out they are from another woman.

these sibilings are questioning me about the property and the money they feel is owed to them. they did not go out their way to contact my dad but they are going out of their way to find out what they can get out of his death.

I was told from someone close to my situation that since I carry my dads last name and that the other children never carried his name that they are not entitled to anything. this sounds crazy to me
also the fact that he sent me all of his information deeds etc and a scribbled letter. that its is considered a will.

I am from nyc, and my dad moved to phila and I know I have to find a lawyer there, but I would like a heads up as to knowing what rights do the other sibilings have as well as what could be my rights. if anyone has had or heard about a similar situation

If children were adopted they are no longer your father's children - they are the children of the person who adopted them and entitled to nothing from your father's estate UNLESS he made provisions for them, which he apparently did not do.

Only "bood and legal" children are entitled to inherit.

The letter is not a Will and cannot be enforced.

Fr_Chuck · Jan 16, 2009, 07:12 AM

If they were legally adopted by another man, then they will have no claim, If they were merely living in other households and never legally adopted, their last names mean nothing and they will have a share in the estate.

Without a will, you have copies of the deeds, the original deeds are filed in the court house. So you will have to file a case in probate, hire an attorney and see if they can make a claim incourt.

ScottGem · Jan 16, 2009, 07:16 AM

If he dies unmarried, then his estate would be spread among his surviing LEGAL children. A child adopted by another family is no longer a legal child.

File in probate for disvursement of the estate. The fact that the deeds were sent to you, would indicate the desire that you be executor.

cesimerc · Jan 16, 2009, 05:00 PM

I THANK ALL that replied to my post, and I will post again when all of this madness comes close to an end. I never thought I would ever see such greed for something that no one but the deceased worked so hard for.

cesimerc · Feb 24, 2009, 06:37 PM

I have been trying to locate my brother to inform him that our father has passed. My dad has property in phila, when I spoke to a lawyer over the phone he said that I need to find my brother or the process will take longer and cost more, I do not have my brothers social security number, all I know is that he lived in calif years ago after my father disowned him. What can be done to rectify this. (am I missing something). A friend of mine told me, I am or better yet the lawyer is suppose to satisfy the courts by putting a notice in the local paper of the town my brother is in, my friend said maby the lawyer is trying to get extra money from me, or he is trying to make it easier for him.

This the first time I am going to a lawyer for anything legal. So please don't be so harsh on me when you answer
Thank you in Advance

excon · Feb 25, 2009, 06:53 AM

Hello c:

I don't know if the estate lawyer is trying to stretch it out. In the absence of evidence that he IS, I wouldn't make that assumption.

You say you spoke to the lawyer. Does that mean you HIRED him?? If you did, it would seem that HE would have access to people finding resources waaaaaay better than you do. If not, maybe you should hire another lawyer.

Because any private investigator should be able to find your brother easily. The estate should be doing this, and should be paid for by the estate.

Who is the executor and who is telling you that you need to find your brother?? Seems to me, your share can be given to you WITHOUT your brother around...

I don't know. Want to fill in the gaps??

excon

JudyKayTee · Feb 25, 2009, 07:58 AM

Threads should be combined in order to provide a more clear understanding of the situation.

ScottGem · Feb 25, 2009, 09:11 AM

Yes it is not uncommon to satisfy an attempt to contact, by posting notices in a local paper. But that may not be the case in your situation.

Excon is right that the estate should be paying for and handling all attempts to contact the potential heirs.

Fr_Chuck · Feb 25, 2009, 09:27 AM

And we have wonderful search people here, what is your brothers name