Illegetterment Child

[malcuk]

I Am An Illegitimate Child of my mother who was married,after i was born,she had a home and four other children then died, if he dies have i any rights to have a share of home as i think he will leave it to his children but she was my mother to and i have had nothing from them and if i do i would like my children to have it

[murraymints]

You will probably have right to appeal ? You need proper legal advice !

[RATTER15]

were you adopted by your Mothers husband? that may have a bearing on it.

[malcuk]

no was brough up buy my granmother

[boxtops]

You need to consult a solicitor. It depends what it said in her will about you being her child. IMO.

[malcuk]

she is on my birth cert and they owned the house together

[boxtops]

I don't think that's relevant in inheritance - it depends what she said in her will. She may have left the house to her husband in entirety, in which case he can do what he likes with it - or it could say he can live in it until he dies, after which it's to be divided between all my children. You need legal advice, and sight of your mother's will.

[boxtops]

^ her share of the house

[boxtops]

.. and don't forget he can leave his share of the house to whoever he likes, if they were tenants in common. It's often the case that a property has to be sold if the estate is left to several people.

[malcuk]

i understand but if she never left a will then what

[sandyRoe]

Did your mother leave a will? If she didn't then her share of the house would go to her husband when she died. He could do as he liked with it.
As others have said, you need to see a solicitor.

[pixie373]

I think you need to see her Will first and see what her instructions were. Hopefully that will tell you what you need to know.

[boxtops]

Mal - solicitor, first step. We can't offer any further advice until you know what the situation is re your mother's will and her husband's current occupancy of the house.

[malcuk]

thanks for all your comments i will take this on board all so funny thing is on the filp side my father is american and still alive and have two half sisters and one brother so would this be the same and he is not on my birth cert im 58 years young and had nothing from any of them and would if love to help my kids if i was entitled to any thing

[Peter Pedant]

The fella who has got the house now is clearly your step-father.
The point you need the lawyer to clear up is at the time of your mother's death, did she have any possessions ( including a bit of the house ) and whether at that time you had a right to part of it. Since there is no will, it would be under the rules of intestacy - and they have changed over the last fifty years.

IF she did - ( and I am not sure about that ) then you have a right to part of the house before his kids and I think you will have to ask a solicitor / lawyer that as well.

[Peter Pedant]

and on the flip side.....

if he is American, and has belongings in America then you will have to ask.... an American lawyer....

[dzug2]

If he's in America (as opposed to just being American) then the laws of the state he lives in will prevail

[Peter Pedant]

dzugs I think it is the law. - where the belongings are

The current Ld Lambton is trying to persuade the London High Court that his late fathers goods and chattels (to wit an Italian castello) should be decided according to English Law ( he takes all) rather than Italian Law (his sisters get a bit) . Judge currently scratching his head.....

[beso]

It is probably way too late for you to have a claim on anything from your mother's husband.

[boxtops]

...but the only way you'll find out for sure is to go and see a solicitor and go through the whole situation with them.

[joko]

whatever the law is, you should show an interest anyway - you never know, he may be a good man and may want to do whats fair - he will know him and your mum didn't exactly treat you well and he may feel some guilt and may want to do something to try to make amends

may seem unlikely i know, but you never know - especially if all his kids are well off.