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    sheillagmay's Avatar
    sheillagmay Posts: 1, Reputation: 1
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    #1

    Nov 11, 2013, 02:43 PM
    Do step-children have legal rights to mothers estate if step-father is still alive
    My mother died Oct 17.2013, she left behind 3 grown children. Our step-father did not give us any of her personal property or anything else. They weren't wealthy but they did have a home and a savings account and a lot of furniture,etc. Is my mother biologial children entitled to anything?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Nov 11, 2013, 03:06 PM
    Depends.

    What state or country did she live in?

    Was the home owned by both of them, in common, or as "tenants by the entirety" (a/k/a "Joint tenants with right of survivorship")

    Was the savings account owned jointly? Probably was.

    Did she leave a will? If so, you would need to read it to see what, if anything, she left you. Otherwise, you children might get a portion of whatever she owned solely in her own name. It the real estate was owned in common, you might be entitled to a portion of her half.

    In short, it would depend on the answers to all of these questions and perhaps more.

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