Who Would Inherit?

[RQ007]

If a half-sibling dies, leaving no will, they have no surviving spouse and no issues, they were adopted as a child and have 1 surviving adoptive brother, 1 half-blood sister and 1 half-blood brother. Very complicated but who would d inherit?

[EDDIE51]

Far far too complicated to answer on a site like this !!
You REALLY DO need to talk to a specialist solicitor !
If you are in the UK go to your nearest Citizens Advice Bureau (C A B) They have specialist advisors who deal with matters like this ! (and it will be FREE !!)

[ladybirder]

Barmaid might know, RQ. Let's see if she answers.

[Nical]

It'd also be a good idea to say where this scenario is taking place - there are different legal systems within the UK.

[Peter Pedant]

jesus make sure the rest of you write wills!

my go is that it is divided by three and equal parts to the named sibs BUT if there is a non surviving adoptive sib with children then it is four and a quarter is divided equally between HIS children or according to HIS will

this is based on my impression that adoptive sibs have full rights and half-sibs have full rights as children

and if there is a dead sib then his share goes to his children in equal parts or according to his will ( I think not sure about that bit)

the moral of the story is that the rest of you really must write wills

[RQ007]

There are no other surviving relations, as the adoptive brother is elderly and he never married, no children, and lives alone. So just the 3 surviving relatives. It is a head scratcher.

[Barmaid]

Can you clarify the relationships please? You say a "half sibling" dies leaving a surviving adoptive brother.

Are you saying the deceased and the brother were both adopted by the same parents?
Am I also to understand that one of the parents had other children with another partner? (the half siblings).

[bhg481]

Adopted children have exactly the same rights as natural children. Half-blood children, unless things have changed, are displaced by full-blood children.
Many years ago a great uncle of mine died leaving a non-valid will. The will he made left all his assets to be divided equally amongst his 5 siblings, 2 full-blood and 3 half-blood. With the will being declared invalid the whole amount was split between his 2 full-blood siblings.

[Peter Pedant]

oh god sozza didnt read the question
I thought the parent had died for some reason

[Buenchico]

As I read it (but I'm far from sure about it), the deceased had a brother who was adopted by the same parents as he was. If so, since adopted children are regarded in exactly the same way as natural children are, the co-adoptee is a full sibling.

Since half siblings can only inherit when there are no surviving full siblings, that means that everything passes to the co-adoptee.

[That's based upon the law in England and Wales. It might be different elsewhere].

[bhg481]

Just to expand a little on my example; all 6 children had the same father, 3 with one wife and another 3 with a second wife.

[RQ007]

Sorry, im not explaining this very well.
Half sister died who is not married and had no children. She does have a surviving half brother and half sister. Deceased half sister wasadopted as a young child and only her adoptive brother is alive. No other surviving blood relatives. Help... We have deceaseds house to sort out....

[barry1010]

Please clarify:
Are the half siblings part of the deceased's adoptive family?

[bhg481]

Adopted brother gets it all. Adoption is irrelevant; he is a legal full-sibling. All other siblings are half-siblings, so have no claim.

[barry1010]

Unless they were adopted by the same family, bhg

[Buenchico]

My answer above (and as supported by Bhg481 too) stands then. The brother by adoption inherits everything.

That brother must apply for 'letters of administration', to enable him to distribute the estate (even though it's all going to him anyway).

You, as a half sibling, can't obtain letters of administration unless the brother by adoption formally relinquishes his right to be the administrator of the estate.

[Peter Pedant]

yup having given my brayne a kick
adopted = full sibling
and that trumps any half sibling

just goes to show that one should leave a will
I wonder why he didnt

[RQ007]

Hmmm, thank you so much to all who've answered.
My half sister was adopted, so the 'brother' is not the adopted brother, as in his parents adopted her... if that makes sense ??

[bhg481]

If I understand you rightly, your half sister was adopted by a family who already had a boy, who was either a natural son of the couple or who had been adopted by them. If that is the case, your half-sister is a legal daughter of the couple, the boy is a legal son of the couple and the boy and your half-sister are legally full brother and sister. If your half-sister died intestate the boy is the sole inheritor of her chattels.

[Buenchico]

^^^ Once again, I find myself agreeing with Bhg481 - and I remind you that, as above, you can't handle the estate yourself. It's the 'boy' (as per Bhg481's description) who has the prior right to apply for Letters of Administration, which will enable him, for example, to transfer title to the house. You can't obtain Letters of Administration unless the 'boy' formally sets aside his right to do so.

[RQ007]

The brother asked us to help with the house clearance..