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    jonah24's Avatar
    jonah24 Posts: 2, Reputation: 1
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    #1

    Mar 11, 2009, 11:09 AM
    Am I entitled as I a step child
    I have been named as a trustee and left an item from the home which my step father has referred to me as ,his daughter,and named me, but on the estate he has worded it as follows, my estate would be shared with my children no names, my 2 step brothers have advised me I am not entilted to any share of the estate as I am not blood,please can you tell me if this is right
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Apr 2, 2009, 11:23 AM

    Your question is ambiguous as to what the will (trust?) says exactly. The part which leaves shares to "children" probably leaves you out. However you suggest that you have also been named as a trustee and given a specific bequest. That part would probably be construed to give you those rights.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    Apr 3, 2009, 04:43 AM
    Quote Originally Posted by jonah24 View Post
    i have been named as a trustee and left an item from the home which my step father has referred to me as ,his daughter,and named me, but on the estate he has worded it as follows, my estate would be shared with my children no names, my 2 step brothers have advised me i am not entilted to any share of the estate as i am not blood,please can you tell me if this is right


    If you are left an "item" specifically by name, your status in the family (child or stepchild) does not matter.

    If the Will says "my children" in NY - I don't know where you are - this refers to blood children only.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #4

    Apr 3, 2009, 06:14 AM

    Hello Jona:

    In my view, if you were adopted, you are (legally) as much his children as the blood ones are.

    Being entitled to a share and securing your share, are two different things, however. If it looks like your share is going to the two brothers, you're going to need to hire a lawyer.

    excon
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Apr 3, 2009, 06:16 AM
    Quote Originally Posted by excon View Post
    Hello Jona:

    In my view, if you were adopted, you are (legally) as much his children as the blood ones are.

    Being entitled to a share and securing your share, are two different things, however. If it looks like your share is going to the two brothers, you're going to need to hire a lawyer.

    excon


    This could be my error in reading this but the reference to a "step" child led me to believe the OP was NOT adopted. If she had been the phrase would have been "child."

    OP needs to answer.
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