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jennen · Jul 12, 2010, 12:53 PM

2 years ago, My half-brothers told me and my sister that we are full blood. They have known our whole lives. I will be 40 this Sept. The brothers told us when our biological father was dying. The reason for this was to get the money owed to the brothers from our mother. Which did not happen. No regards for mine and my sisters feelings. etc..
We were told to take a paternity test which turned out to be positive. The brothers have since received money from the estate, and told us that we were not entitled to any money. Our mother raised all of us as brother and sister. I really don't want money, just a legal document stating that my sister and I are entitled to some of the money. The brothers "rub it in our face" about all the things that they have bought with the money from our father. Any takers?

tickle · Jul 12, 2010, 12:57 PM

Was there never a will ? What basis do your brothers have for receiving money from the estate and how did they go about getting it. No executor? So tell us more, this is very confusing. You mention 'an estate' which would normally signify a will.

Yes, you have takers.

Tick

jennen · Jul 12, 2010, 01:19 PM

I don't know. But I do know that the father had a lot of money. So I assume "estate", My sister and I knew Jerry as our 1/2 brothers father.
Our mother would take us over their so she could visit with her sons.
I am really trying to make this make sense. The brothers told us, and the whole family, both sides, that Jerry was/is our biological father. They threatened our mother that they would tell me and my sister if she didn't pay back the money she owed to Jerry, She didn't and they told. Now the brothers made us take a paternity test to prove that Jerry is our father, which he is. The only reason the brothers told us was out of spite and hatred for our mother. No regards for their little sisters. They have known our whole lives and didn't say anything until Jerry was dyeing. They have rubbed it in our faces for the past 2 years. Our sister-in-law told us that our father, the one that raised us, is bound to us and Jerry don't owe us anything. We don't want money, like I said, just a legal document stating that we are entitled. There is a whole lot more to this. Is this a moral issue or a legal issue?

tickle · Jul 12, 2010, 01:32 PM

It's a legal issue, jennen, get a good lawyer and get it sorted out so you can be happy and satisfied. You and your sister are victims of your brothers; they need to know they can't play games like this. Put your thoughts all down on paper they way you did here; get all your ducks in a row and take it to court. I know you say you don't want the money, but the court may decide that you must have share. You will need it if have a good lawyer.

Tick

jennen · Jul 12, 2010, 01:40 PM

Thank you very much. I am 40 and my sister is 38. Our whole lives have been a lie. I will have to have a spread sheet on all of the details of this mess. It just keeps going on and on.

JudyKayTee · Jul 12, 2010, 02:41 PM

If you are simply asking inheriting from the estate if there was no Will or at least a Will which did NOT exclude you, yes, you are entitled to inherit because you ARE a natural child.

You would inherit equally (again, no Will, no exclusion) with any/all other chlildren.

I don't quite understand the situation here, I'm afraid. You can only sue and/or take legal action to recover damages OR recover what is rightfully yours. You cannot sue to teach people a lesson or make a point.

Yes, what happened was (in a nutshell) rotten but I don't see you recovering on this issue.

tickle · Jul 12, 2010, 03:41 PM

JKT, OP doesn't want to recover any money, as she says, she just wants to set the record straight and I don't blame her for wanting to do that. Is there absolutely nothing she can do to correct this issue by hiring an attorney and getting it straightened out?

Tick

JudyKayTee · Jul 12, 2010, 03:54 PM

She states that - as I read it - she wants a legal document that she is entitled. The only way to do that is to file a claim for the inheritance due her.

You can't sue to get a legal document stating that you are entitled to inherit but are not going to inherit.

Once the estate is settled then OP could give it to the siblings, give it to a charity, throw it into the ocean.

You need to sue for something and I see no lawsuit here for anything but an inheritance.

Or am I more confused than ever?

jennen · Jul 12, 2010, 05:02 PM

Sorry to confuse everyone, very simple lies all my life. The WHOLE family knew and only decided to tell us on his death bed. I just wanted to know if I have any legal recourse. We are tired to them flaunting "Dads" money and us just sitting back not

Fr_Chuck · Jul 12, 2010, 05:10 PM

I heard that the father was sick? So to have an estate can I assume he died ?

If he died, in the US his property will go into the estate

There it will be divided either by the will or by state law if there is no will.

The father could have written you out of the will if he wished or in some US states just leave you 10 dollars or some small fee

If there is no will, or if you believe the will to be improper, you hire an attorney and file a claim in the probate court before the estate is closed