Family death awkward situation (unsure on heading)

madbadrob

getmore4less wrote: »

Because once again you got something wrong.

I failed to complicate it by breaking it down to the 250k and then 50% of anything over that going to his biological children and the other 50% being a life interest and on her death to his biological children. So whilst technically I was wrong I just didnt want to complicate a situation where the OP doesnt even know if there is a will. Surely though rather than just quoting and placing something in bold it would have helped the OP to understand if you had actually added to my post

Rob

Savvy_Sue

specialboy wrote: »

OP, were you adopted?

I think this question needs to be answered: if the OP was adopted, then that would mean he would NOT be entitled to inherit from his biological father because the adoption would mean he was no longer part of that family.

stef1979

Hi people thank you for your replies, the original post was by my partner, he has returned to work for a few days. Sorry I didn't realise there was any more replies.

He wasn't adopted, to cut a long story short, his mum fell pregnant at a young age, told his dad and his dad replied come back when the child is born, she never returned. I made the step myself to make the contact for them as he always questioned what he was like but he did always know his dad's name.

The two step sisters have blocked everything and the eldest of the two half sisters in my opinion are being very overpowering with control, we all know he's my dad but there's just no legit proof. Obviously things are a bit hard at the minute for all of them, we messaged a half sister and sent our condolences to her and the youngest one and my his dad's new fianc!e.

Now he's calmed down a bit he realises that in trying to punish the two step sisters which caused the original argument he will hurt the half sister. Sorry I'm trying to remember all the questions you've asked.

As for the funeral they requested he didn't go and have not sent details he did agree to that to save any conflict, but I've found the details out today and it's a cremation, and I do think he needs to say his goodbyes. Now what I wondered is a burial after everybody has gone he could of visited the grave afterwards but I'm not sure on a cremation what he could do?

stef1979

During our contact with my partners dad also I know he mentioned his dad died in his 50s aswell, and there was back issues but we never found out what they were as both my partner and son have back problems, but I'm guessing now for that information he does need to speak with the half sisters which won't happen.

Also I'm no good with any of this what is probate registry?

madbadrob

Just to get this back to a point that was raised about inheriting. From what the OP's partner as posted it is not clear however I suspect that the OP's father was not named on his birth cert. For intestacy it is usually a requirement that the father be named on the cert to prove the descent. I say usually because I have just dealt with, in fact still dealing with, a case where there were 4 children born illigitimately to one person and he wasnt named on their birth certs. After much arguing back and forth between the solicitors employed by me on behalf of my clients and the solicitor being used by the daughter of the person in question, it was advised that we accept them as valid beneficiaries because the legitimate children and the deceased sisters children had always accepted they were their blood. It was the view of my solicitor that with this being the case a court would find in their favour which would also increase charges against the estate for both parties.

Obviously if there is a will the above is negated anyway

Rob

Savvy_Sue

stef1979 wrote: »

As for the funeral they requested he didn't go and have not sent details he did agree to that to save any conflict, but I've found the details out today and it's a cremation, and I do think he needs to say his goodbyes. Now what I wondered is a burial after everybody has gone he could of visited the grave afterwards but I'm not sure on a cremation what he could do?

If he wanted to go to the crem later that day, he would probably find a few floral tributes left outside, near the doors, (more or fewer depending on the wishes of the family) with a temporary name plaque for his dad. They are cleared away either at the end of every day or by the end of the following day.

In time, the ashes might be buried, so he could visit that site if he wanted to.

stef1979

madbadrob wrote: »

Just to get this back to a point that was raised about inheriting. From what the OP's partner as posted it is not clear however I suspect that the OP's father was not named on his birth cert. For intestacy it is usually a requirement that the father be named on the cert to prove the descent. I say usually because I have just dealt with, in fact still dealing with, a case where there were 4 children born illigitimately to one person and he wasnt named on their birth certs. After much arguing back and forth between the solicitors employed by me on behalf of my clients and the solicitor being used by the daughter of the person in question, it was advised that we accept them as valid beneficiaries because the legitimate children and the deceased sisters children had always accepted they were their blood. It was the view of my solicitor that with this being the case a court would find in their favour which would also increase charges against the estate for both parties.

Obviously if there is a will the above is negated anyway

Rob

Hi no he isn't named on the birth certificate

pauletruth

was he ever made to pay money for your partner by the court. mine is not named on my cert but he was legally judged to be my father. that would be proof

madbadrob

pauletruth wrote: »

was he ever made to pay money for your partner by the court. mine is not named on my cert but he was legally judged to be my father. that would be proof

For him to have to been ordered by a court or CSA etc he would have to accept he was the father or proof by DNA. So yes that would be an option and one I hadnt considered but one I will in future

Rob

stef1979

No he never paid a penny. :-(