Does my father have any rights to his stepmother’s estate?

Get Legal Help Today

 Secured with SHA-256 Encryption

Does my father have any rights to his stepmother’s estate?

My parents are incredibly irresponsible with money and I found that out a few months ago. They spent money on eating out, electronics, everything because they assumed that my dad’s inheritance would pay all the debt back. They were wrong, my dad’s sister managed to talk my step grandma into giving all the money to her because she wants compensation for caring for my step-grandmother. I’d usually say my parents are screwed but most of that money was made by my dad’s biological father. I can’t believe he would have no way to claim any of that money. Right now my parents owe $70,000 and barely make minimum credit card payments. Basically, I’ve had to get a job and forgo school to fix my parents’ mistakes. Is there anything that I can do to help my parents get rights to the will and convince them to stop buying useless crap when there 70k in debt?

Asked on October 30, 2016 under Estate Planning, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Unfortunately, stepmother or stepson are not legal relationships, especially for inheritance purposes: being a stepchild does not give you any legal rights to your stepmother's estate, unless and only if she had willed it to him. The fact that she may have gotten the money from your father's own biological father doesn't change anything: the source of the money does not affect the legal rights to it. If it has been, as you seem to indicate, willed to the sister, it us now hers, and he has no rights to it.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption