Am I right to say he's terrible?

[Extatique]

From California (Los Angeles)

I'll try to make this as simple as possible.

My father passed away without a will. The only thing he had was a letter he mailed to a friend a year before I was even born stating where he wanted some of his guns to go (1981). In this letter he included his son.

About his son... his son (my half-brother) was born out of wedlock to a woman who never married or lived with my father. My half-brother was adopted by his step-father while he was still very young. My Half-brother has no recollection of living with his biological father, nor did they ever have a relationship. I'd met my half-brother twice in my life. Once when I was eight, and again at the beginning of this year before my father became ill. My father and half brother kept in touch through phone calls and letters later towards his (my father's) life.

I lived with my father until I was nine. He was a very abusive man to me and my mother and we did not leave on the best of terms. They were never married and he did not file for custody yet we kept communications open via phone and through letters.

When my father became ill, the hospital contacted me. I have handled everything from being at his bedside to arranging and paying for the cremation. My half brother did not come down from where he lives in Northern California until several days after our father's death to sign some paperwork. It was at this time when I got a lawyer. My half-brother and I went to see the lawyer together, and it was agreeed that as I have been handling everything to that point, that there would be no problem with me handling everything from there on. My half brother even signed paperwork stating so.

I have had to do everything. I pay all the bills. I contact all the collectors, I've been soley responsible for cleaning out the filthy townhouse my father owned, and renovating it for sale. My half brother has done nothing....
until my lawyer discovered that the law resticts him from inheriting because of his adoption to another father.

My lawyer called me into his office to tell me that I am the sole heir based on california law. As long as my half brother never lived with our father, he was not entitled to anything. They contacted my half brother and asked him if he ever lived with our father and he said he could not remember, nor could his own mother. So my lawyer started pumping me up on how much money I would soon come in to. He went on and on about the wealth that was soon to come into my name. I told my lawyer I did not want to be the one to tell this to my half brother, which he completely agreeed with, and said he would do. But he did not. Several days later, I ended up having to tell my half brother, not the lawyer. It was awkward, and I was mad that the lawyer did not handle it.

Then I heard later that my half-brother was in my town, he'd come to dispute the news with my lawyer. No luck, he went back to nothern california.
The court date was in september, I was to be appointed as administrator. It came and went, with no news until I recieved a notice in the mail that I was petitioning the court for administrative rights ... again. I had to call my lawyer to find out what happened, the court date got pushed back because the judge wanted them to file additional paperwork. That didn't sound right to me, and entire month of extra time just because of more paperwork?

In the meantime... my halfbrother was getting council of his own. The next court date became pushed back as well. I called to find out why because again no one notified me, and this time my lawyer responded telling me that my half brother has his own lawyer, but not to worry because the lawyer was just some shmuck from an unaccredited law school, just some stupid kid. My half brother's lawyer had two weeks to get proof that he lived with my father to bring before a judge.


Well the day before thanksgiving I get a call; my lawyer tells me to pretty much give in, to give my half brother 50% because they have a witness (an aunt that used to babysit me when I was little, and aunt that my half brother HAS NEVER MET BEFORE IN HIS LIFE) she says that there was a crib at my father's home, and toys, for my half brother. My lawyer has buckled and says that I will loose if I fight this.


I am so angry. I feel like I've trusted the wrong person to handle all of this... like if it was taken care of properly the first time and it went through court the first time then I wouldn't be losing to my half brother. I'm angry that he said he would tell my half brother about the inhertience and then never did.
I hate that I'm always the last to know when something has happened and the way I find out is only because I CALLED the lawyer. I hardly ever deal with the actual lawyer when the "sh*t hits the fan" either, I usually get pushed off to one of his associates.
I hate that he put the idea in my head that things would go completely in my favor when there apparently was always this chance that it would not.



I wrote how upset I was about all this on my personal website and now that too is going to be used against me.
It just seems so unfair. I lived with him, he was the only dad I'll ever have, and he was a really really bad one. This guy never had to deal with any of that and he's entitled to as much as I am? How can that be fair?

Friends and family tell me I should ditch the lawyer and get a new one. I'm on a limited budget for all this and I'm really afraid of picking up new fees and paying the current lawyer more than he deserves.
Please help.
I have until Friday before this goes to court again.


[email]Dani@DaniTrue.com[/email]

[stephenk]

gather your documents and consult with another attorney. Find one that specializes in probate. Your attorney is not giving you valid advice.

Once your half-brother was adopted by his stepdad, he no longer is an heir to your dad's estate. Living with your dad does not make him an heir.

[Dandy Don]

Duplicate post--you have been advised on another website that he is a legal heir.

[You Are Guilty]

Originally Posted by Dandy Don

Duplicate post--you have been advised on another website that he is a legal heir.

Not to belabor the obvious, it's not a "duplicate post" if they post on other websites. Was there a duplicate post here?

[Looking Around]

In my state (Kansas), even if a child is adopted, they are still entitled to inheritance from their biological parents.

[BelizeBreeze]

Originally Posted by Looking Around

In my state (Kansas), even if a child is adopted, they are still entitled to inheritance from their biological parents.

and would you like to cite the specific statute that says this is the CORRECT legal answer?

[Looking Around]

I'm not giving a legal answer...

I'm just saying that where I live a biological child is entitled to inheritance even when adopted, that's all.

"Kansas:

59-2136
Chapter 59.--PROBATE CODE
Article 21.--ADOPTION

59-2136. Relinquishment and adoption; proceedings to terminate parental rights.

(i) A termination of parental rights under this section shall not terminate the right of the child to inherit from or through the parent. Upon such termination, all the rights of birth parents to such child, including their right to inherit from or through such child, shall cease."

[BelizeBreeze]

And what the hell does a TPR action have to do with ADOPTION?

Learn to read the question asked and the statute you reference.

[Looking Around]

lol

In an adoption, a the parent's rights are terminated, that's why the statute is titled

"Article 21.--ADOPTION

59-2136. Relinquishment and adoption;"

Learn to read the statute referenced before you comment on the answer.

(TPR actions in Kansas are Chapter 38, Adoption is Chapter 59.)

[BelizeBreeze]

Originally Posted by Looking Around

lol

In an adoption, a the parent's rights are terminated, that's why the statute is titled



Learn to read the statute referenced before you comment on the answer.

(TPR actions in Kansas are Chapter 38, Adoption is Chapter 59.)

And of course, you read the beginning of the chapter right?

[BelizeBreeze]

59-2136. Relinquishment and adoption; proceedings to terminate parental rights. (a) The provisions of this section shall apply where a relinquishment or consent to an adoption has not been obtained from a parent and K.S.A. 59-2124 and 59-2129, and amendments thereto, state that the necessity of a parent's relinquishment or consent can be determined under this section.
Please point out in this thread where such requirements have been met.

[Happy Trails]

In the poster's other post, SJ provided a link that had information saying the half brother was not an heir.

[url]http://forum.freeadvice.com/showthread.php?t=293292[/url]

[Looking Around]

Please point out in this thread where such requirements have been met.

Again,

I'm not giving a legal answer...

I'm just saying that where I live a biological child is entitled to inheritance even when adopted, that's all.

I don't even live in the state that the poster is asking about, I was only saying that where I live the laws allow for inheritance in adoptions. Additionally, I don't find where the poster says if the father consented to the adoption of her half-brother or not. Likewise, it's irrelevant, because I'm only refering to where I live, which is not where the original poster lives.