My father is getting up in the years,and he is refusing to do a will. He is very stubborn and set in his ways. He has a daughter from a previous marriage,(there are doubts at wheather she is his or not), she does carry his last name. He and my mom have been married for 35years, my father passed away when I was 6years old. He never adopted us so we have different last name.

My question is can she take everything away from us and my mother when he passes. Both of their names are on mostly everything. My mother is afraid that she can take everything since there is no will. Can you please help me with this.


Thank you
Theresa

Anything his stepdaughter has her name on as well will likely be hers... any other property will in all likelihood go to your mother (who which if I read correctly is his current wife).

Any question on law needs to include your general locale as laws vary by area.

However, any step children he has would generally not be included in his estate.Whether she can take from your mother depends on local laws.

Quote:

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Originally Posted by smoothy

Anything his stepdaughter has her name on as well will likely be hers...

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OP is the stepdaughter. She will only get real property if is titled in the name of OP and stepfather as joint tenants with right of survivorship. Bank accounts would likewise have to be survivorship accounts.

OP might want to look at the intestacy statute in her state or country, and explain to her stepfather how it's going to work if he doesn't write a will. If he is happy with that, fine: it is after all his right.

The half-sibling (the child from the previous marriage) is probably his legal child even if there is some question as to whether the OP's step-father was the biological father. As I read it, he was married to this person's mother when that half-sibling was born. The presumption is strong in many places, irrebutable in others.

OK... thanks for pointing that out... sorry... I had an unintentional typo... should have said daughter.