Legal Advice

[maumcc1]

My father recently passed away. I have not seen him since I was 10 years old and was raised by a wonderful man my mother married after her divorce from my biological father. My question is, do I have any rights to his estate? I have been told as long as he mentions all his children in the will with as little as a dollar inheritance, I can't contest. But how do I find out what the context of the will is? He did marry again and had 6 children from that marriage. He was still married to this woman at the time of his death. My mom was married to him for 10 years and then divorced him in a time when divorce was not that common. I found his obituary today in the newspaper (Florida) and every child was mentioned (even my brother) except me. Like I said, I have not seen him since I was 10 years old, but I think he had a sizable estate, since he was a Federal judge. I'm so hurt over the fact that I was not mentioned as a child of his, even though there was no relationship at all. Especially since my brother, his wife and children were mentioned. Ok, I'll lighten up a little bit. Maybe it's because I'm a Democrat.......

[mermaid]

1. Well

I'm not qualified to give legal advice, but, if I were you, I'd get hold of a lawyer who deals with estate planning/wills/probate and ask.

[Cuban_Liberal]

2. If he has a will, it has to be filed in probate court.

Your best advice would be to contact an attorney who handles probate matters and discuss it with him or her.

[Sanity Claws]

3. State law question

Issues regarding inheritance is determined by state law. Did he reside in Florida?
Also just because you were not mentioned in the obituary does not mean you are not mentioned in the will.
You need the advice of an attorney who specializes in estate matters for that particular state.

[roguevalley]

4. I would think that if he didn't disenfranchise you in the will, you are

entitled to a share.

[amazona]

5. if you're over age 24 you probably have zero rights

Sorry. To be certain, check with a Florida attorney, but I don't think you can successfully make a claim against a parent that you have not seen since age 10.

The time to kiss up to rich, jerky relatives is while they are still alive. I am not good at this either. This is why my mother has inherited from a Florida relative, and I haven't, I suppose. I wouldn't dream of making a claim on the estate of a person I hadn't bothered to contact in my adult life.

The conservation movement is a breeding ground of communists
and other subversives. We intend to clean them out,
even if it means rounding up every birdwatcher in the country.
--John Mitchell, US Attorney General 1969-72

[maumcc1]

10. Yeah, I agree

I think the shock of not even mentioning me in the obituary brought out the worst in me. It doesn't feel good to be singled out that way. I'm not a money grubber, but I think I turned into one for a few hours today. My sanity has now returned and I thank all of you for your responses. What matters is my family I have now and love so much. No amount of money could buy that for me.

[shawcomm]

6. Maybe it's because I'm a Democrat.......

What does that mean? Just seems like an odd thing to say.

As for your question, call around to various probate attorneys and check consult fees. You might have to do this with Florida attorneys.

If you have a legal plan, like PrePaid Legal, it makes it easier since they have attorneys in each state.

[maumcc1]

9. I meant it to sound like a wise crack

I believe my Dad was a Republican, last I heard.

[shawcomm]

14. Ohhhhh... inside joke.

Sorry to hear about everything though. I hope you can find someone to give you some answers.

[powergirl]

7. I'm a divorce lawyer in Texas . . .

The answer to your questions depends on a number of factors. In which state did your father reside at the time of his passing? Did your step father adopt you? Did your biological father terminate his parental rights to you? Do you know if he left a will or died intestate (without a will)?

Ordinarily wills that are going to be probated in the courts are filed with the County Clerk in the county where the decedent passed.

You should hire a probate attorney in your father's state.

I am so sorry for your loss. As for the obituary, just remember, your father didn't write it. Whoever wrote the obituary was the insensitive person.

[elehhhhna]

8. Odds are he left it all to the surviving wife...

would that leave you any standing in the event of her death? I wonder.

You might be in the will. You were probably in his heart. i'm sorry for you both.

[Just Me]

11. You haven't seen him since you were 10?

So, you've had no relationship with him, whatsoever, for,...how long?

:shrug:

My biological father died. I had no relationship with him for over 25 years. I had no thoughts about inheriting anything from him, none.

[ultraist]

12. You may well have a right to part of his estate, you are first of kin

If his wife is dead, the children are next in line. I would suggest you call an attorney and look up the state statutes. If he willed everything to his wife and she is alive, it's doubtful you could get anything. Did he pay child support? If not, your mother could sue for that.

I don't think the advice you were given, that you cannot contest, is correct. ANYONE CAN contest a will, just as anyone can sue, it doesn't mean you will win of course.

It's understandable your feelings are hurt.

[Digit]

13. I wrote my mother's obit...

So, if say, his current wife wrote his, she might have only been considering her own family.
It is a time of grief, and sometimes people are not thinking clearly.
Like the other poster said, you were always in his heart, no matter what the current wife may have said in the obit.
Disclaimer...
I am NOT an attorney, so this is not legal advice.
I would check with the county courthouse (wills and probates) and see if a will was filed.
I had to bring in a copy of my mother's will to have on file after she died.
The situation in Florida may differ.