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zaneta | Does my half-brother have any rights to our deceased father's estate and assets? |
Does my half-brother, who is not and was never a US Citizen, have any rights to our deceased father's estate and assets? My father was and i am a US Citizen, both of us being residents of California, and the half-brother is from the Czech Republic.
My father's tiny will unfortunately only leaves the house to me, and neglects to mention anything else, so that is why things seem a bit "up for grabs".
Thank You!!!!!!!! Additional Details Thank you for all the answers!!! I'm surprised i got so many.
I called the will is "tiny" because it only mentioned the home and no other things, in addition to being a strange combo of holographic and witnessed will.
Also, the reasons i am concerned about sharing with my half-brother are:
a.) i've only met him twice
b.) my father had only seen him twice in the last 15 years at least
c.) my father's will states that if i am not there to have the house, it does not go to my brother, but to my uncle; i think this says something about how my father felt about his son.
d.) if i do not have my father's assets, (mainly accounts), i am unable to pay the large mortgage, which will mean i loose the house my father wanted me to have. (I'm only 21 here...!) |
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what?
 |
if you're the executor, then you get to do with the assets of his estate as you see fit, given whatever restrictions are provided for by the will.
citizenship is completely irrelevant, though. |
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golferwhoworks
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yes as your dad was also his dad just different moms he has a legal right in the estate |
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bud68
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I doubt that a valid will limits itself to only a house and fails to address his estate in general. See an attorney. |
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rtfm
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Why wouldn't he? He is every bit as much your father's child as you yourself are. |
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SmartA$$
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This one could go one of several ways.
First off, if he was married, then his wife at the time of death gets everything except the things specifically given to others in the will.
If not, then all surviving children get an equal share in the estate. I do not believe that US citizen status matters, although I'd check with an attorney (which I am not). Also, it could be interpreted by a probate judge that your father specifically intended for you to inherit everything, but that at the time the will was written, his only asset was the house. Its possible, but if you want to make that argument you'll probably need an attorney to represent you in court. |
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TAT
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Sure does! |
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taximomuv3
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I'd contact a lawyer so you get accurate advice specific to your situation. I am assuming your half-brother is your father's son, and he is already asking about the estate? Your father's will isn't exactly "tiny" when you are being left a house - and I'm assuming everything that's in it. Maybe you could bring yourself to share some of the belongings or give your half brother SOMETHING of value that belonged to your father regardless of whether he was left something or not - don't be stingy. The fact he isn't a citizen doesn't mean anything - the real question is whether he has the means to hire a lawyer and fight you on it or not.
EDIT: Regarding your added details, both a & b mean nothing. Since there is real estate involved, then as far as I know the estate will automatically go to probate court - at which point you will probably be asked if there is anyone else who may have a claim to the estate, and at which point you MUST list your half brother. The fact that he wasn't named in the will doesn't matter. Just because you need the money in your father's accounts in order to pay the mortgage doesn't mean your brother doesn't have a claim. In my opinion you will more than likely have to sell the house unless his life insurance and whatever else pays off the mortgage - how are you planning on paying the mortgage, utilities, taxes & upkeep at your age? Again - if your brother hires a lawyer and challenges the will, it'll be up to probate court to decide if he gets anything or not - this can be a potentially expensive situation for all parties involved...including you. |
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Worldly25
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You fail to include if the step brother is your father's son. If he is then yes he is entitled to 1/2 of remaining assets. Being a citizen does not mean anything. |
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BridalBiz
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When the deceased fails to mention other children - "so and so gets this" or "So and so is purposely being left out of my will" it actually makes anything in the will up for grabs, whether it was left to just you or not. Your half brother can actually argue that his father "forgot" to mention him in the will and can fight for half of everything, including the home that was specifically left to you.
To avoid the hassle, if he isn't asking for much, give it to him. Otherwise, you will be spending a ton of time and money for probate court and the possiblity of him winning what he is asking for is greater than you think.
His nationality has no bearing on what is legally entitled to him. |
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Landlord
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Your fathers son, assuming he only has 2 children, is entitled to 1/2 of the estate, minus the house. His nationality, how well he knows you, or your need to money have nothing to do with it.
It simply boils down to the fact that this is your fathers son and his rights are 100% equal to your rights. |
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