How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Infolawyer Your Own Question
Infolawyer
Infolawyer, Attorney
Category: Estate Law
Satisfied Customers: 56537
Experience:  Licensed attorney helping individuals and businesses.
11313492
Type Your Estate Law Question Here...
Infolawyer is online now
A new question is answered every 9 seconds

My step dad passed last may without a will, he's been my dad

Customer Question

My step dad passed last may without a will, he's been my dad for 55 years, I took his name at 2 and used it up till marriage, he passed without a will and his sister says she and the cousins are next of kin. My question is the courts recognized me as using his last name all these years and in death I'm not entitled to his estate?
JA: Since estate law varies from place to place, can you tell me what state this is in?
Customer: massachusetts
JA: What documents or supporting evidence do you have?
Customer: Well I have, my hs diploma, marriage certificate and, my ss#was established in his name, and I probably could find school report cards
JA: Anything else you want the lawyer to know before I connect you?
Customer: no that is all
Submitted: 5 months ago.
Category: Estate Law
Expert:  Infolawyer replied 5 months ago.

Hello and welcome. I am working on your answer and will be right back!

Expert:  Infolawyer replied 5 months ago.

did he formally adopt you?

Customer: replied 5 months ago.
No
Expert:  Infolawyer replied 5 months ago.

You do stand to inherit as next of kin based on the relationship over his siblings.

Clearly this would be easier if he adopted you so you need an estate lawyer to negotiate with them and assert your right as his child for all purposes. If an agreement cannot be reached the lawyer would petition the court to make such a finding.

Customer: replied 5 months ago.
Ok, can i petition the lawyer handling the estate
Expert:  Infolawyer replied 5 months ago.

You can do it yourself or have an estate lawyer handle it for you.

Expert:  Infolawyer replied 5 months ago.

I do not recommend handling without a lawyer

Customer: replied 5 months ago.
Ok
Expert:  Infolawyer replied 5 months ago.

Good luck. Kindly rate me positively 5 stars.

Related Estate Law Questions