If a father got remarried 25 years ago, what legal right in the estate does his son have?

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If a father got remarried 25 years ago, what legal right in the estate does his son have?

The stepmother had 6 children and the father had one son. The father passed away and then the stepmother passed.

Asked on August 29, 2014 under Estate Planning, South Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

I am so sorry for your loss. I am assuming first that there are no Wills here so everyone died "intestate."  It really depends on how assets were held between your Dad and Step Mom and if she legally adopted you.  If they were held jointly then they passed to her automatically at the time of his death.  So they are part of her estate.  If She adopted you then you inherit equally with her kids.  If she did not then you can not inherit under the law. If there was separate property of your Dad's then his estate would be probated and you would receive a portion of that part of the estate. If there was a Will then the Will would govern. Please seek legal help.  Good luck.


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