I am age 60. I live in CA. I have a half brother who also lives in CA, we share the same Bio. Father but not the same mother. I found out about my half brother about ten years ago when our father past away. I never knew our father as he and my mother divorced at my age 5. Our father never called or visited after the divorce. He never provided any financial support to my mother or I. My mother struggled to support both of us. I never made tried to make claim any inherence at our father's passing. I felt sorry for my his widow, and half brother. They may have suffer more with our abusive father than my mother and I. However just recently my half brother's mother past away and he inherited a very large estate from his mother. I of course got nothing with either passing. I was the first born male to our father. Our grand father, our father and I all carry the same name except I am the third. I seems to me that I should have some right to share in this estate? What do you think?

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Originally Posted by Tom Brundidge

I am age 60. I live in CA. I have a half brother who also lives in CA, we share the same Bio. father but not the same mother. I found out about my half brother about ten years ago when our father past away. I never knew our father as he and my mother divorced at my age 5. Our father never called or visited after the divorce. He never provided any financial support to my mother or I. My mother struggled to support both of us. I never made tried to make claim any inherence at our father's passing. I felt sorry for my his widow, and half brother. They may have suffer more with our abusive father than my mother and I. However just recently my half brother's mother past away and he inherited a very large estate from his mother. I of course got nothing with either passing. I was the first born male to our father. Our grand father, our father and I all carry the same name except I am the third. I seems to me that I should have some right to share in this estate? What do you think?

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You do have a claim on your bio father's estate. My question 2 you would be... Why? Are there family mementos you'd like or is this a sense of revenge on what he never gave you before. Have you talked with your brother about this. Told him how muched you missed being in his and your fathers life. Maybe he would be okay with sharing. You should check with that state and find out if there is a statute of limitation on making this claim legally. Ask yourself first, then your brother, then a lawyer.

It sounds like his wife got everything at the fathers death, and your 1/2 brother only got something at the death of his mother,
If this is the case, you have no claim to his mothers estate. And actually after an estate has been settled for nearly 10 years, and then that estate was already cleared though a 2nd estate. I really doubt there is any claim to do, but a visit to a probate attorney can help.

I agree with Chuck. The time to make a claim against your father's estate was before the estate was settled. Once it was settled, then your window of opportunity closed. You definitely cannot make a claim against his widow's estate since you have no relation to her. The source of her estate doesn't matter.

Scott, and Chuck - I suspect both of you are correct. Mooviequeen - Why? I have mixed feeling about this whole thing. My feelings about myself and my Father have changed over the years from not understanding why he wasn't around, or even called, (only got one side, my mothers) to hating a man that hurt me and my mother, that changed the course of my life from what I see now would have been " fairly normal" to one of poverty, dependency, self doubt, etc. Feeling like victim and feeling sorry for myself was the best thing he left me. Fortunately those feeling were a driving force in my life. I was able to over come those feelings in my early adulthood and have been relatively successful based on my own hard work. For 30 years or so I actually felt some what fortunate that he left. You never know, things could have ben worst. Those feelings and resolution now look like self dilution, helping me to deal with drawing the short straw. I now feel like I am getting screwed again. Thank you to each one of you for your in put. I am always amazed with people like you. You take your time to reach out to perfect stranger on line. Thanks Tom Brundidge

Tom I'm not sure what will come out of your situation. I don't think it was anyone's business to ask you why you want too. This isn't therapy! Well I would contact a lawyer like they said but I believe he has to disinherit you on the will if he did one.

You got the bigger gift of him being gone but he is your only "father" so you have a right to want the money. Google last will contest.

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Originally Posted by rene2008

Tom I'm not sure what will come out of your situation. I don't think it was anyones business to ask you why you want too. This isn't therapy! Well I would contact a lawyer like they said but I believe he has to disinherit you on the will if he did one.

You got the bigger gift of him being gone but he is your only "father" so you have a right to want the money. Google last will contest.

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You have a point that, since this is the Family Law area our answers should deal primarlily with the law. However, it would help if you had your law correct. A child doesn't have to be tacitly disinherited. There are many ways to write a will to leave someone out of it. In addition, the OP talks about the inheritance his half brother received from his mother not his father. So when his father died the estate went to his widow, who is no relation to him. E has no claim on her estate. He might have had a claim on his father's estate had he made the claim when the father died. But that ship has sailed.

Yes the OP should consult an attorney, but I doubt any reputable attorney would take the case.

I mean there are all sorts of if's, first if in that state, the children did not receive anything but the widow got it all, there was nothing to get to start with,
If the will gave some to the one brother but did not name him at all, yes the will could have been contested, and it is possible that the estate may be frozen pending an appeal of the original probate of the father, but it will be based on the SOL on filing claims against the probate, normally there is official notice and legal notice,

I mean they may give a little bit ( very little) to make it just go away, but it may be worth a few 100 dollars for a attorney to review all of the details.

Hi - I have been out of town for the last two weeks. I just want thank all of you for taking your time to help me with my question. I want you to know that I did talk to an attorney via e-mails and he wasn't very hopeful for same reasons most of you gave me. :( My father died 10 years ago and that was the time to deal with the issue. Unfortunately I didn't feel then the way I feel now. At that time I felt sorry for his widow who showed all the signs of a woman who had been mentally beaten down by my father and lucky that that my father hadn't stuck around. Perhaps I can help someone via this web site. I have built, owned and operated a large insurance agency over the last 34 years. I think I know something about the subject. I would like to make myself available to answer insurance questions, but I am not sure what it takes to be apart of the group? Tom Brundidge

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Originally Posted by Tom Brundidge

Perhaps I can help someone via this web site. I have built, owned and operated a large insurance agency over the last 34 years. I think I know something about the subject. I would like to make myself available to answer insurance questions, but I am not sure what it takes to be apart of the group? Tom Brundidge

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Just look for questions you can answer and post a reply. You will generally find insurance questions in the Law and Money forums.

All it takes is just what your already doing. Taking a few minutes of your own time to read and respond. We all appreciate it.. thanks for telling us the rest of the story.

I have completed my registration and interests and I will see what comes of it. Thanks, Tom