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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

Originally Posted by Wondergirl

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

Originally Posted by ajhminty

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

Originally Posted by ajhminty

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