Do I have a right to sue my stepfather’s estate since I just found out that he received my mother’s inheritance without giving me what I had a right to?

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Do I have a right to sue my stepfather’s estate since I just found out that he received my mother’s inheritance without giving me what I had a right to?

My grandfather died 23 years ago My mother was to receive half of his estate but unfortunately, she died 4 months later and before any of the inheritance was disbursed. My stepfather (who was married to my mother at the time) took her entire inheritance and did not go through probate (my mother had no Will). I received nothing (I was 27 at that time). Now my stepfather has passed away. He left everything to my sister, his biological daughter, but absolutely nothing to me.

Asked on January 11, 2015 under Estate Planning, Arizona

Answers:

Christine Socrates / Christine Sabio Socrates, Atty at Law

Answered 6 years ago | Contributor

If your stepfather died without a will and the estate was substantial, then he should have only received a portion of the estate and the surviving children receive a portion.  You may have been entitled to some of your mother's estate unless you signed a waiver agreeing to your stepfather receiving 100% of her estate.  I recommend that you consult with a probate attorney so you can give him complete facts and he/she can see if you in fact have any claims.  It is difficult without knowing more facts and dates.  Good luck!


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