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1. I regret to say that you must give a share in your father's share to your other brother, as all children take equally and share equally in your father's share. You can exclude him. Additionally, his mother will have a share in your father's share as well as she is your father's former spouse. However, this does not affect your own share which you take independently. If your father did not leave a will, it will be half to his new wife and one sixth each to the three children.
Thanks for your reply Clare, My Grandmother had 2 Children my Aunt and my Dad who passed away a few years ago. My Aunt was made executor of her estate in 1997 and the house put solely in her name.My 3 blood brothers are named in the will but my 4th step brother isnt at all.There is a small amount of cash and a house to sell 100%of the house is my Aunts but because my Dad has passed away now she has genorously split 50% to my brothers and I. Im just unsure if We have to split anything with our step brother or is it our individual descision. My step brother and his mum got my fathers pension when he died as he didnt leave a will so my brothers got nothing. Sorry its a bit confusing. Many Thanks Andy.
My Dad 2010 and My Grandma the end of December 2013
Probably in the 80's then they reviewed it in 1997 when my Grandfather died and she wanted to put things in my Dad and Aunts name but my Dad didnt want to do it so it was all put in my Aunts name. To her credit she is willing to still split it with us but is asking us if we want to include our stepbrother. One of my brothers does and the other 2 dont want to.? Just didnt want his new wife to stake any claim but maybe because its in my Aunts name she couldnt anyway.
Its hard to remember as it was last Saturday, but the latest will was made out and everything was split into shares to go to the surviving family members but my step brother and his mother were not mentioned at all and my Aunty has asked us what we want to do.. But I dont know how we stand legally or is it a moral issue..
Thanks Clare, I seem to remember it saying in the event of my father dieing before my Grandmother then his share should be equally shared between my 2 brothers and I which were named in the will but his son from his new marriage wasnt named at all or his new wife.
Yes thats correct we were named but his son and new wife were not..