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ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
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Experience:  Licensed Texas General Practice Attorney
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What are the legal ramifications of being a step brother?

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What are the legal ramifications of being a step brother? Like any claim on a step brothers estate if not mentioned in a will?

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

Any rights that you would have would go through your parents. If your step father / step mother did not legally adopt you, then you would not have any "intestate" rights to your stepparent's estate or any assets of a step sibling.

ScottyMacEsq :

Even if you had a blood or otherwise legal sibling, you would not have any rights to his/her estate if that person did not mention you in a will.

ScottyMacEsq :

Only if there was no will and you were a legal sibling (adopted / blood) would you have a chance to recover part of that sibling's estate. But this would require that the sibling's spouse and children / great grandchildren / etc... either be deceased or not in existence, as well as the parents be deceased. Only then would siblings have any claim to the estate.

ScottyMacEsq :

So if there never was an adoption, then even if there was no will in place, you would not have any claim to a stepbrother's estate. But a will trumps even those laws, so what the will says will take precedence over state law on the matter.

ScottyMacEsq :

Hope that clears things up a bit. 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 my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

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