[lesleyurquhart]

My natural father passed away last year leaving myself and my sister, he also left a wifr my stepmother and her two children, we are all adults now but they no longer keep in touch with us and we were woundering what our legal rights are?

[smoothy]

Where do you live... because in most parts of the USA for example... you actually have no "RIGHTS" to an estate... Your parents (or anyone else) could give everything to the homeless person around the corner in their will and you could do nothing about it.

If the kids never bothered to keep in touch after they moved away when they were alive... then they really shouldn't get anything after they die.

[JudyKayTee]

Your legal rights to what? The belongings/money of someone you haven't been in contact with for years, as I'm reading this?

Where and was there a Will?

[joypulv]

If there was a will and you were in it, you could still probably still get what he left you without too much trouble. You can contact the probate court where he died. They delay finalizing the estate when heirs can't be found. If everyone knew how to contact you, you probably weren't mentioned. Or there was no will, and no one bothered to tell you, or didn't even file with probate.
If there was no will, you can easily find out the 'intestate' (not interstate) law in his state, and you may or may not be entitled to a portion. In most states the spouse at time of death gets a percentage, often half.
There's no point in doing anything before you find out if there was a will or not.

[ScottGem]

Any question on law needs to include your general locale as laws vary by area. But you also left out one very important detail. Was there a will? If so, your legal rights are what were given in the will. If not, then you may have an inheritance depending on local laws.

If there was a will, do you know if it was submitted for probate?

[lesleyurquhart]

I live in scotland, and I was very close to my father, just not his wife and her kids, and its only since his death they have stopped comunicating with us,

[lesleyurquhart]

Any question on law needs to include your general locale as laws vary by area. But you also left out one very important detail. Was there a will? If so, your legal rights are what were given in the will. If not, then you may have an inheritance depending on local laws.

If there was a will, do you know if it was submitted for probate?

He left a will, but his wife never showed us it, her daughter dealt with everything my sister and I were not included in dealing with anything concerning it, he had a lawyer because he told me that but again don't know the lawyers name

[lesleyurquhart]

Your legal rights to what? The belongings/money of someone you haven't been in contact with for years, as I'm reading this?

Where and was there a Will?

You are not reading it write, I was extremely close to my father, my mother died when I was six and he brought me and my sister up till he met and married his second wife but we never got on with her and her children, my father always told us that we would be looked after if anything ever happened to him, and now that it has they suddenelly stop talking to us, but again I had a great relationship with my father whom I visited every other day.

[JudyKayTee]

This is what you posted when I answered you: "my natural father passed away last year leaving myself and my sister, he also left a wifr my stepmother and her two children, we are all adults now but they no longer keep in touch with us and we were woundering what our legal rights are?"

Anything else was added AFTER this - so I read you just fine.

Go to the Court that administers wills wherever your father lived and ask to see the Probate file.

[cdad]

From what Im reading you have a right to a portion of the "movable" property. That is property defined by Scotish Law. Inheritable property would be that type that is a house or land and for that you don't receive an automatic portion.

They should have done a valuation and split it accordingly upon his passing.

Ref:

The Inheritance Law in Scotland | eHow UK

Wills, probate & inheritance - Some information for residents of Scotland, Northern Ireland and the Isle of Man,

[JudyKayTee]

I'm reading there doesn't have to be a "probate" proceeding under a certain dollar value - HM Revenue & Customs: Inheritance Tax and the probate process

So - get a copy of the Will, find where it was filed, see what it says. The executor is/was duty bound to notify possible heirs.

[ScottGem]

Cdad and Judy gave you good links. See how important location is! I'm afraid you may need to see a solicitor to require an accounting of movable property to determine what you are entitled to.

[AK lawyer]

I'm reading there doesn't have to be a "probate" proceeding under a certain dollar value - HM Revenue & Customs: Inheritance Tax and the probate process
...

This part?

"When you might not need a grant of representation

A grant may not be needed if the estate:
• is a low-value estate - generally worth less than £5,000 (though this figure can vary) - and doesn't include land, property or shares
• passes to the surviving spouse/civil partner because it was held in joint names

When you contact the deceased's bank or other financial institutions, they will either release the funds or tell you to get a grant of representation (or confirmation) first. Some banks and financial institutions may insist on a grant before giving you access to even a small amount of money. "

Not at all unexpected, actually. What it comes down to is that unless the decedent left real property or a bank account, either of which was in his own name and not a "survivorship" situation, no grant of representation (or probate proceeding as we would call it in the US) would normally be necessary.

[JudyKayTee]

I didn't bother cutting and pasting and giving other than general info - I don't think OP understands how the legal system works (or how AMHD works, for that matter) - she didn't understand that I couldn't respond at 4PM to info she posted at 6PM (2 hours later) that same day - ?