Related By Blood?

[rjordan392]

What is the name of your state? Pa.
My parents separated and my father then enter into a common law marraige that produced a son. This son now calls me his brother. I am making up a new will and trust and want to restrict my gifts to those that are related by blood. Can this son legally call me his brother? What does the law say about the qualifications of blood relations? My brothers and sisters were then raised by our mother who also entered into a common law marraige; if that means anything.

[LdiJ]

Originally Posted by rjordan392

What is the name of your state? Pa.
My parents separated and my father then enter into a common law marraige that produced a son. This son now calls me his brother. I am making up a new will and trust and want to restrict my gifts to those that are related by blood. Can this son legally call me his brother? What does the law say about the qualifications of blood relations? My brothers and sisters were then raised by our mother who also entered into a common law marraige; if that means anything.

If he is your father's son, he is your brother. Its irrelevant whether or not his father was married to his mother.

If you don't want to include him in the trust, then don't include him. Name who you want to be included by name.

[nextwife]

Yup, he's "blood" related. And, even if dad had adopted him, he'd still, legally, be your brother.

[fairisfair]

Originally Posted by LdiJ

If he is your father's son, he is your brother. Its irrelevant whether or not his father was married to his mother.

If you don't want to include him in the trust, then don't include him. Name who you want to be included by name.

It is also not such a bad idea to specifically NOT include, by name, those you do not.

[rjordan392]

Thanks All,
Even though we both had very little contact with each other, he took care of my father until his death. So I will include him in my trust. I always considered him as a half brother but I guess that's not too polite of a term. I never got use to calling him my brother. I think this is because of my resentment to my parents separation.

[Ohiogal]

Originally Posted by rjordan392

Thanks All,
Even though we both had very little contact with each other, he took care of my father until his death. So I will include him in my trust. I always considered him as a half brother but I guess that's not too polite of a term. I never got use to calling him my brother. I think this is because of my resentment to my parents separation.

Why include him in your trust? You are not required to leave him or give him anything.

[Zigner]

Originally Posted by rjordan392

Thanks All,
Even though we both had very little contact with each other, he took care of my father until his death. So I will include him in my trust. I always considered him as a half brother but I guess that's not too polite of a term. I never got use to calling him my brother. I think this is because of my resentment to my parents separation.

He is your half-brother. The operative term, however, is "brother".