What are my rights as a biological child compared to stepchild when it comes to assets and living parent?

I am no lawyer but I know this:

If your father has a clinical diagnoses of dementia, then any POA executed by him after that date is invalid......he lacked capacity to execute the POA. File a petition for guardianship of your father and let the courts work it out

As far as I know none of us are lawyers on this site and if we were, we would not be giving legal advice on a public forum.

In Canada estate law varies by province. I am sure that there are variations between US states too.

I do know that here in British Columbia, mirror wills are valid, I have seen several through my work (not a lawyer). Basically Sue leaves everything to Ken, Ken leaves everything to Sue, if one of them predeceases the other, then it goes to the kids, grandkids, charity whomever. When the survivor dies the estate is distributed according the the wishes of the last to die.

When as will goes through probate it becomes part of the public record and anyone can see it.

As OP and her sister have the same mother I would expect that they were raised together. And her father was Dad to both women. Yes OP uses words like step-sister and half-sister. In my family those who were raised together use brother/sister, no halves or steps. If the parents married later in life, as my Mum did, I refer to his kids by their names. We have no relationship beyond a few meals a year.

But I know Mum is leaving his son and daughter money in her Will. That is her choice and as her executrix, I will honour here wishes.

This could be as complicated as it sounds so I think the best thing you can do is get offline for the moment and get to an eldercare attorney who can give you sound legal guidance for the state in which your Dad resides.

Good luck and let us know how it turns out.

Just want to say something about children from previous marriages since I have one.

Legally, OPs Dad has no legal obligation to his step-daughter if he never adopted her. The step-daughters father has that legal option. He should have been paying child support and having her on his medical. Now if OPs Father adopted the step-daughter, she is no longer a step but his child. Her father has to give up his rights to her and her to him. She cannot inherit from her biological Dad. As an adopted child she has the same legal rights as a biological child.

So in this instance, the biological child will inherit if there is no Will saying otherwise.

So, my question would be if OPs Dad never adopted the step child, what does she think she will gain caring for him? Once Dementia is diagnosed, Wills cannot be changed.

Lots of speculation and guesses here. You need to talk with an attorney. Based on specific circumstances an attorney can tell you exactly what the law in Texas is. Texas does have some strange ones that other states do not.

You have the right to hire an attorney -- which i suggest you do.

Your father is considered your mother's next of kin in EVERY state because they were married.
If you are his biological child and he never legally and formally adopted your step-sibling, then YOU are HIS next of kin (unless he has other biological or legally adopted kids). This is so in every state in these Unites States.
It's time for you to bring your case into the probate court where your father lives and petition for conservatorship/guardianship over him. You would do well to retain a lawyer who can help you file the paper work and explain your situation during the court proceedings.
First consultations with lawyers is usually free. Make an appointment with one and go and explain your situation. Then let the lawyer help you to kick your greedy, pushy half-sibling out on her a**. Good luck.

Do you have a copy of mom's will? If not, do you know who the atty was who prepared the will for her. More than likely mom and dad used the same atty. It is common that if one spouse left everything to the other spouse - they both did the same thing. There would probably be a paragraph as to who would get things if one spouse was already dead at the time other spouse died.

So let's say mom really left everything to dad and no further instructions if dad was already dead. All assets would pass to dad - probate would finalize her wish. Now dad has all the gold. His will says the same as hers. He dies. Since no one else is listed as a contingency - it is the same as him dying without a will. You would have to hire an attorney to file probate, list all of the living relatives, and let court divvy up the gold based upon hierarchy of living relatives. It may exclude your 1/2 sis since she is not his blood daughter and leave all his estate to you. More than likely, that's what would happen. However, you could agree to be fairer to her since the gold started off as 1/2 belonging to your common mother - basically would your mother have wanted the two of you to share assets equally? The answer is probably yes because you were both her daughters.

If 1/2 sis has POA now, wonder if she also got a new will written up? Did she get the POA done AFTER he had diagnosis of dementia? You really need to find the atty who did mom's will and let him know the probate needs to be handled. If it has not, the deed to the home couldn't remove mom's name yet (if her name was ever on it). If you can't find mom's atty, find one on your own that handles probate.

First though, how was it that 1/2 sib came to take up residence with your dad? Was she the only person to step up to the plate when he needed help? She may be a 1/2 sib to you, but did he raise her as his daughter and she has his best interest at heart? Maybe you are looking too hard at the 'what's gonna be left for me'???

In the state of Texas, as a bio daughter you will definitely be a direct heir to any remaining assets at the time of his death unless he has specifically listed someone else to get everything he had left. I think the time to file probate (for your mom) is a year. You do need an atty.

Once a will has been through probate it becomes a public document, accessible to anyone who asks to see it. I expect local courts could advise on how you apply, if you can't find the information online.

Your mother had a child by her first husband (your half sister).
Your mother remarried, this time marrying your father, and you duly came along later.
Time passed.
Your mother died, leaving her property to her husband, your father.
Your stepsister has moved into the house and is now living with her stepfather/your father, who has dementia.
Your stepsister has power of attorney for your father.

You want to know what your mother left you in her will and when you will receive it.

As your father's biological child... and this is where I begin to have some difficulty following your argument... you feel you should be entitled to - what? To take on the caregiving responsibilities? To manage your late mother's assets on your father's behalf to ensure that his money is being spent correctly on his care?

Feel free to volunteer. Have you been involved in your father's care? Have you approached your sister to offer support?

Your profile says you are caring for your father. Are you? This post doesn't seem to indicate that. Do you live in proximity to him?

I agree with others who say that your mom's estate probably all went to her husband. It is true that if she did have a will and you weren't mentioned in it, you wouldn't be privy to what it says or be contacted regarding it. I guess you can hire a lawyer to contest it IF she actually had a will. And if she did, who was the executor? Did her estate go through probate?

How do you know the house was "left" to him? Maybe his name is on the title? So it'd be his house?

Did your half-sibling show you the PoA paperwork? (fyi they are not obligated to show or prove anything to you). In some states an attorney will still create a PoA for someone if they are able to understand what they are doing and what the implications are for them. This means someone with mild memory loss or the very beginnings of dementia may still be able to assign a PoA (as judged competent by the lawyer through private questioning of that individual). So when you say your dad has dementia, how bad was it at the time he assigned it (and how do you know when that was)? More info would be helpful.

I'm sorry you are having such problems with someone you ought to be working with for your father.
There is no reason you should receive anything in your mother's will, very often everything is left to surviving spouse - however the executor of the will legally has to disperse the estate according to the will. If you feel she has not done this then get your solicitor/lawyer to write a letter to her requesting sight of it under her responsibilities as executor or to pass it to the executor if that is not her.
Where you live is irrelevant with regards to getting POA - if your father has dementia he cannot make a valid POA - so it depends on whether he has a medical certificate of dementia and incompetence to determine if this is valid. If he does then speak to an Elder Lawyer about overturning it and getting you both guardianship (or just you if that can sensibly be justified), I do not know what Texas law says - but in the UK you as the biological child - assuming the half sibling was not adopted would have sole responsibility and all rights but would be expected to go along with your fathers wishes and to be reasonable based on the length of the step child/father relationship. This could end up being determined by a court if you could not come to a sensible agreement.

LAWYER UP first, check online second.

Will's don't get "read" like you often see in movies and on TV, it just doesn't happen. By what you've said I'm going to assume the marriage was a long one and I think it's pretty common for a married couple to leave all their assets to the surviving spouse, in that case there would be no need for you to be involved or informed.
As for the POA - I'm going to assume they had named each other and when your mother passed it was necessary that he appoint someone and your step sib was present and available to get things done. From what you wrote I have to think that your father raised this step child and feels that they are as much family as you are, obviously you feel differently. You can certainly lawyer up and contest the POA if you are willing and able to fight for Guardianship.

I think JoAnn said it best, but if it were me, I’d definitely contact a lawyer. It’s a shame that it would have to come to this, but there are greedy people out there. Every family has one.

Look out for yourself and your dad. Get a lawyer.

If Moms Will has been probated, its on file. If you are a beneficiary, you should have been sent a letter by the Executor stating that the Will is now in probate. Probate requires this and I had to sign a form saying I did it. Probate can take a while. In my state you can't close until after 8 months.

Now your Dad. You need to prove that Dad had a diagnosis of Dementia when he signed the POA. Was the POA executed by a lawyer? If an internet thing, was it witnessed and notarized.

I would say that as a biological child u have more rights then a step-child. I would consult with a lawyer. Once a person dies, the POA is no longer in effect. Hopefully, your Dad has a Will and made you Executor. Then you can ask your half sibling for an accting how Dads money was spent. If no Will, you get to Probate ASAP after Dad passes and become Administrator. The State will then step in and determine who inherits. Since half-sibling is not Dads child, she may not inherit.