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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 15761
Experience:  Licensed Texas General Practice Attorney
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58 years old and stepmother wants to adopt me how does this

Customer Question

58 years old and stepmother wants to adopt me how does this effect my claim on my dads estate. I have 3 step siblings
Submitted: 1 year ago.
Category: Family Law
Expert:  ScottyMacEsq replied 1 year ago.

Thank you for using JustAnswer.

I assume that your father is still alive? Do you know if he has a will?

Customer: replied 1 year ago.
there is a will, but not allowed to see it. Also siblings are half. We have the same father
Expert:  ScottyMacEsq replied 1 year ago.

And again, your father is still alive?

Customer: replied 1 year ago.
he is but not able to converse
Expert:  ScottyMacEsq replied 1 year ago.

I tried to accept the phone call request, but the customer payment failed.

Expert:  ScottyMacEsq replied 1 year ago.

I guess we can continue the question here.

Customer: replied 1 year ago.
I spoke with amex. run the charge thru again and it will go thur
Expert:  ScottyMacEsq replied 1 year ago.

I can't personally run the charge (I don't have control over that part of the site).

Here's my response to your question:

First of all, you need to know that there are no "rights" that you have to forced inheritance. So if (for example) you're disinherited by the will and your father was competent at the time that he created and signed the will, it would stand and you wouldn't have a case. Being adopted by your stepmother gives you access to her estate should she die without a will. Now IF the will is successfully contested by you, and your father had no other children not also the children of your step mother, then your mother would actually get everything. The intestate laws (laws that apply when there's no will) say that if there is a surviving spouse AND all the children are legal children of the decedent and surviving spouse, then the surviving spouse will get everything. If there is a child that's not the legal descendant of the spouse, then the spouse will get 1/2 of the estate, and ALL the children would share in the other one half.

Expert:  ScottyMacEsq replied 1 year ago.

So in short, IF the will stands, intestate succession is meaningless. But if the will is challenged successfully AND you're not adopted, you would share 1/2 of the estate with the other children. IF you're adopted, AND there are no other children of his that were not also her legal children, then she would get everything.

Expert:  ScottyMacEsq replied 1 year ago.

Maybe you can try requesting a call again, if that's an option on your screen.

Expert:  ScottyMacEsq replied 1 year ago.

That's strange. It failed again. If you can try to rate my answer (unless you have further questions) we can see if that works...

Expert:  ScottyMacEsq replied 1 year ago.

Failed yet again. Have you tried to rate the answer (using the stars)?

Expert:  ScottyMacEsq replied 1 year ago.

Still not working. Are you still with me? . If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Thank you, ***** ***** luck to you!

Customer: replied 1 year ago.
I spoke with amex and they show no attempt to chg 52.00. try again as your typed answer made no sense
Expert:  ScottyMacEsq replied 1 year ago.

Still saying payment failed. In what way did my typed answer make no sense?

Customer: replied 1 year ago.
I don't think you explained why she would want to adopt me (an adult) when she has 3 children with my father to protect. would it be that she wants to take my contest of the will rights? Amex states that no charges for the aditional 52.00 were ever attempted call me to explain as I don't think you fully understand the question.
Expert:  ScottyMacEsq replied 1 year ago.

I can't call you until the payment processes. That's the point, and the payment fails every time. I'll forward this to customer service, and maybe they can try to process it through... We'll see.

Expert:  ScottyMacEsq replied 1 year ago.

It's still showing as payment failed. Did you try to rate it by clicking on the stars? It might be the card, but might be something else.

Customer: replied 1 year ago.
Called customer support was told to wait for a call.
Expert:  ScottyMacEsq replied 1 year ago.

Call from them (as I can't call you until the payment processes)? Have you tried rating with the stars?

Customer: replied 1 year ago.
You don't want me to give a rate on your answer now as I am not happy
Expert:  ScottyMacEsq replied 1 year ago.

I don't understand. I did give you an answer to your question and have offered multiple times to explain any misunderstandings. I would love to call you but the customer payment keeps failing, so we can continue here and I can attempt to answer any additional questions that you have.

Customer: replied 1 year ago.
Your customer service dept stated they didn't run the additional charge of 52.00 but they would, and that you would call
Expert:  ScottyMacEsq replied 1 year ago.

It's still not working, and I have not heard from the customer service department. I don't know when I might either. So it could be a while before I can actually call you (please note that I have done what I can in my power to answer this question, as I have attempted to answer it via chat, as well as trying to accept the phone call request multiple times). I have not had this problem before, but I guess it's an issue with the site. We can continue with the chat function and I can answer any follow up questions you have or clarifications you need.

Customer: replied 1 year ago.
When you get the authorization to call me do it other wise 3 hours is all I will spend on this It started at 9:02 am. It is not your fault I don't blame you.
Expert:  ScottyMacEsq replied 1 year ago.

I've spent the same amount of time with you. My point is that we could have chatted about any questions or clarifications that you needed in all of that time.

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