Biological child looking for legal rights info when it comes to half-sibling who has taken over everything including my fathers money and assets. Both our mother we shared has passed and I have not received anything nor has she allowed the will to be read and it’s been over a year since mother’s death. My half sibling has moved into house left to my father her stepfather and taken over everything as well as had my biological (her stepdad) who has dementia sign a POA putting her in charge over everything. What are my rights of being biological child of surviving spouse compared to half sibling? This is for state of Texas
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
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.
Good luck and let us know how it turns out.
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.
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.
That is a totally new concept to me. Thanks for clarifying that the person that steps up and actually helps is the POS.
Because we all know how pleasurable caring for a demented parent is and yahoo, it only gets better when a sibling is absent and looking for their inheritance. We should sell tickets for the joy it brings the caregiver.
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.
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?
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.
If she is not mentioned in her mother's will, then she would have a case to break that will and get a share of inheritance.
When a parent wants to cut one of their kids out of a will, they have to mention that person by name in their will. Normally the person will mention them and leave them the sum of one dollar so that the will cannot be contested in court and re-opened.
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.
And then whines about the half-sibling who is putting her life on hold and taking care of her step-father and has the POA.
NOTHING absolutely NOTHING indicates any lack of care for her father, It comes across as a gimme and not a concern for the elder.
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.
If the father did not legally and formally adopt this sister then she has no legal right to take over an estate for this man. She would be entitled to one-quarter of her mother's estate. If she came by the POA by nefarious means and took advantage of someone with dementia, that has to be taken into court.
The spouse gets half. The kids divide up the rest. Of course this is not so if the mother left a will making her husband her only heir. In such case he inherits everything.
Look out for yourself and your dad. Get a lawyer.
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.
The only reason that the executor would bother to show or send a copy is to stop needless harassment from someone.