My step father passed away 2 months ago. He was the only father I've had my entire life. He has no other children. My children are his grandchildren!! My mother divorced him 7 years ago. Does this mean I have no legal right to ANYTHING after his death. I know he had money, I want none of it. We asked his brother if my wife, my children and I could get the house, we were told to purchase it. It has already been cleaned out, Into a dumpster (??) and put up for sale. We didn't ask for a dime. But we've had NO SAY in any of his personal belongings, NOTHING. Scraps I feel is whats been thrown at us. To keep us quiet. Also his brother who is now legally in charge, has a daughter who is a lawyer and handling everything. Is this legal also? I just want to know do I have ANY rights here. And can I stop them from selling his home? Thank you.
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Adult Step Child rights to estate after death of Step Parent, DIVORCED
- Thread Starter saerbo
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disagreeable
Well-Known Member
You can certainly seek to raise issue with any direct descendants and possibly yourselves not listed with the probate court or addressed in the will as potentially having been forgotten. Hire a lawyer fast.
army judge
Super Moderator
A stepchild does not stand in line to inherit anything.
The children of a stepchild are not in the line of intestacy to inherit, either.
Only lawful issue have any basis to contest a will.
If he died with a will, the will is entirely controlling.
If he died and left a trust, the trust is controlling.
If he died intestate, the laws of intestacy in the state (or in this case, commonwealth) of his death govern who gets what!!
In Pennsylvania, this is how it works:
http://www.wolfbaldwin.com/Articles/Dying-Without-a-Will-Intestate-Succession.shtml
Or, this:
No Surviving Children
If the decedent was survived by his or her spouse and had no surviving children or parents at the time of death, the surviving spouse receives the decedent's entire estate. If the decedent was survived by his or her spouse and one or both parents, the surviving spouse is entitled to the first $30,000.00 of the estate, plus one-half of the remaining estate. The decedent's parents' share of the estate is discussed below.
Surviving Children
If the decedent was survived by his or her spouse and had surviving children, all of whom were also the surviving spouse's children, the surviving spouse receives the first $30,000.00 of the estate, plus one-half of the remaining estate. However, if the decedent was survived by his or her spouse, and at least one of the decedent's surviving children were not also the surviving spouse's child, the surviving spouse is limited to one-half of the estate. The reason that the surviving spouse receives less if one of the surviving children is not also a child of the surviving spouse is because the law presumes that a surviving spouse will care for his or her own children, but not necessarily those of the decedent.
No Surviving Spouse
What happens if the decedent is not survived by his or her spouse or the surviving spouse is not entitled to take everything in the estate? Pennsylvania's Intestate Succession law provides as follows for the remaining share:
1. Children. First to the children of the decedent. These are lawful issue of a marriage, by adoption, or determined by paternity testing.
2. Parents. If no children survive the decedent, the decedent's parents share equally. If only one parent survives the decedent, the surviving parent takes the entire estate. If the decedent dies with a surviving spouse, the surviving parents are also entitled to take one-half of the estate remaining after the surviving spouse takes the initial $30,000.00 of the estate and one-half of the remaining estate.
3. Brother, Sister or their Children. If no children or parents survive the decedent, the estate will be distributed to the children of the decedent's parents (the decedent's siblings and their children).
4. Grandparents. If no siblings survive the decedent, then the grandparents of the decedent shall receive, one-half to the paternal grandparents and one-half to the maternal grandparents and their children.
5. Uncles, Aunts, and Their Children and Grandchildren. If no grandparents survive the decedent, the estate is distributed to the decedent's uncles, aunts, and their children and grandchildren.
6. Commonwealth. If no one mentioned above survives, then the estate goes to the Commonwealth of Pennsylvania.
army judge
Super Moderator
If he died intestate (without a will), it goes as described above.
His spouse and natural issue divvy up the pie, then his parents, then his siblings, grandparents, aunts & uncles, etc...
Good or bad, it's the law in your commonwealth.
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