Ask Me Help Desk

Ask Me Help Desk (https://www.askmehelpdesk.com/forum.php)
-   Family Law (https://www.askmehelpdesk.com/forumdisplay.php?f=120)
-   -   Step children (https://www.askmehelpdesk.com/showthread.php?t=582095)

  • Jun 15, 2011, 11:35 AM
    angel56
    Step children
    My step father died some time ago and left everything to his wife (my mother).The bungalow they lived in was paid for with the damages my mother received after a serious accident and was purchased because she could no longer use stairs. Before the accident they lived in a council property as they did not earn enough to buy. My step father adopted me however my mother did not adopt his 2 children (one of whom has since died)as they were adults when they married and both living in germany. My mother would like to leave me the bungalow along with other things. However she has been told by her solicitor that her step daughter would be able cause a lot of trouble by contesting the will and claiming half the estateDoes she actually have a legal right to any of the estate ?
  • Jun 15, 2011, 12:04 PM
    AK lawyer
    Quote:

    Originally Posted by angel56 View Post
    ... my step father adopted me ...

    Then he wouldn't have been your step father; he would have been your father (adoptive, but legally your father).

    Quote:

    Originally Posted by angel56 View Post
    ... My mother would like to leave me the bungalow along with other things. however she has been told by her solicitor that her step daughter wouldbe able cause a lot of trouble by contesting the will and claiming half the estateDoes she actually have a legal right to any of the estate ?

    I don't know why, but the solicitor probably would be better able to accurately answer this than we would. Is your mother in full control of her mental faculties?
  • Jun 15, 2011, 03:40 PM
    angel56
    Comment on AK lawyer's post
    He was my adoptive father if you wish to be pedantic. Yes my motheris in full control of her mentalfaculties
  • Jun 15, 2011, 05:22 PM
    ma0641
    Comment on AK lawyer's post
    angel56: When you are an attorney, the correct words win or lose the case and that is not pedantic!
  • Jun 15, 2011, 06:07 PM
    AK lawyer
    Quote:

    Originally Posted by angel56 View Post
    he was my adoptive father if you wish to be pedantic. yes my motheris in full control of her mentalfaculties

    Then let me think of another reason the solicitor suggested that your mother's step-daughter may have a chance at disputing a will and claiming half of your mother's estate:

    Could it be that the "step daughter" is actually, pedantically-speaking, her legal (adopted or otherwise) daughter? No, that couldn't be, because you said that your "mother did not adopt his 2 children". So I don't know what the solicitor is thinking. He should have explained it to you better.
  • Jun 15, 2011, 06:31 PM
    Fr_Chuck

    I would say the solicitor should have informed your mother, how to write the will to be sure it happens the way she wants,
    Just merely having a claim ( which I don't see) but having a claim means that a will needs to be written better to stop any claim
  • Jun 16, 2011, 12:36 PM
    angel56
    Comment on AK lawyer's post
    As I stated my mother did not adopt his children

  • All times are GMT -7. The time now is 08:16 AM.