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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 33802
Experience:  15 yrs estate law, real estate. Wills/Trusts/Probate
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My parents were married yrs. Mother died in 2006, father

Customer Question

My parents were married for 14 yrs. Mother died in 2006, father died 2/12/2016,
father has a living wife. Question do surviving biological children receive father Social security benefit
Can we contest father's will or any trust, if nonbiological children are getting any inheritance?
Submitted: 9 months ago.
Category: Estate Law
Expert:  Barrister replied 9 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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How old are the children?

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What are the reasons that the bio children would be contesting the will or trust?

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thanks

Barrister

Customer: replied 9 months ago.
the bio children are adult.stepmother did not notify us of daddy's death, and she put her children (not biological children) as my father's only surviving children and did not include myself or my siblings in the death notice
Expert:  Barrister replied 9 months ago.

Ok, then adult children don't receive survivor's benefits unless they are declared permanently disabled if it started before age 22.

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If the reason is that the disposition of the estate is unfair, that is not a legal ground to contest a will. If father was legally competent when he executed his will, then unfortunately, he can omit any family that he wants to from receiving anything from his estate. A child only has a statutory right to inherit if a parent passes without a will.

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Otherwise, a parent can disinherit children if they want to do so because it is their assets to leave to whomever they choose.

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What stepmother did was morally wrong, but not legally actionable.

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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thanks

Barrister

Customer: replied 9 months ago.
Thank you for your answers. I just needed the facts. I am really not interested in his money or lack of anyway.
Stepmother is just wrong. thank you for your response.
Expert:  Barrister replied 9 months ago.

You are very welcome. Glad to help any time, even if the news wasn't very good..

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If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided so I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

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thanks much

Barrister

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