am I entitled to a portion of the estate?

[Theric1]

What is the name of your state? Arizona

I live in Arizona, my father lives in Mass. He abandonded my sister (who is now deceased) and me after my mother divorced him in the late 60's and he has been re-married since the mid 70's. He has never paid any child support to my mother and I recently found out he is still alive but very ill and dying. What I'm wondering is... When he dies, do I have any rights to his estate if I am not in his will? I know he has a son and his wife is still alive but as a living heir am I still entitled to anything? I know he owns several comercial and residential properties but I don't know what the laws are if he intentionally leaves me out of his will. I was only ten years old when he abandonded me so there was issue of him not thinking I can't handle finances etc. He abandonded us so he would not have to pay child support and got away with it. Can he get away without leaving me anything upon his death? Any information regarding this matter would be greatly appreciated. Thank you.

 

[JETX]

When he dies, do I have any rights to his estate if I am not in his will?

Possibly. From the Massachusetts General Laws:
Chapter 191: Section 20. Omitted children
If a testator omits to provide in his will for any of his children, whether born before or after the testator’s death, or for the issue of a deceased child, whether born before or after the testator’s death, they shall take the same share of his estate which they would have taken if he had died intestate, unless they have been provided for by the testator in his life time or unless it appears that the omission was intentional and not occasioned by accident or mistake; provided, however, that no such child or issue shall take any share in any real property in the testator’s estate unless a claim is filed in the registry of probate by or in behalf of such child or any of such issue within one year after the date of the approval of the bond of the executor.

 

[Theric1]

Thanks JETX, I'll keep this information in mind when the time comes. I'm also wondering if the daughter of my deceased sister is entitled to anything? I'm not sure he even knows she exists but she is my sister's daughter and I would think she would be legally entitled to a portion of his estate as well.

 

[JETX]

Thanks JETX, I'll keep this information in mind when the time comes. I'm also wondering if the daughter of my deceased sister is entitled to anything? I'm not sure he even knows she exists but she is my sister's daughter and I would think she would be legally entitled to a portion of his estate as well.

There is nothing in the cited law that would apply to grandchildren.

 

[seniorjudge]

Do you know for a fact that he has a will? If he does not have a will when he passes, here is where the stuff goes:

http://www.finance.cch.com/pops/c50s10d190_MA.asp

Massachusetts Intestate Succession Laws

If any part of a Massachusetts decedent's estate is not effectively disposed of by will, the intestate share of the estate will be distributed in the following order and manner:

1. Surviving spouse. A surviving spouse is generally first in line to get any assets from the intestate estate. However, the amount a surviving spouse is entitled to varies as follows:

* At a minimum, a surviving spouse is entitled to the first $200,000 of the estate (after funeral expenses, medical bills, etc. are paid).
* If the decedent leaves kindred (but no issue, affectionately known as children) and the probate court determines that the whole estate is valued over $200,000, the surviving spouse is entitled to the first $200,000 plus one-half of the remaining personal and real property. If the personal property is insufficient to pay the $200,000, the surviving spouse may petition the court that shortfall be paid from the sale or mortgage of the estate's real property.
* If the decedent leaves issue, the surviving spouse gets one-half of the personal and real property in the intestate estate.
* If there is no surviving issue or kindred of decedent, the surviving spouse gets the whole estate.

2. Heirs other than surviving spouse. Any part of the intestate estate not passing to the surviving spouse as indicated above, or the entire intestate estate if there is no surviving spouse, passes in the following order to:

1. Decedent's surviving children and any predeceased children equally, with a predeceased child's children splitting the predeceased child's share equally.
2. If there are no surviving children of decedent, to decedent's lineal descendants, with descendants in the same degree of kinship sharing equally.
3. Decedent's surviving parent or parents equally.
4. Issue of decedent's parents, by representation (as described above).
5. Decedent's surviving siblings and any predeceased sibling equally, with a predeceased sibling's children splitting the predeceased sibling's share equally.
6. Decedent's next of kin in equal degree. If there are two or more kindred in equal degree claiming through different ancestors, those claiming through the ancestor nearest to the decedent are preferred over those claiming through a more remote ancestor.

3. Commonwealth of Massachusetts. If there is no taker under any of the above provisions, the intestate estate passes as a last resort to the commonwealth of Massachusetts. However, if the decedent was a veteran who died while a member of the Soldiers' Home in Massachusetts or the Soldiers' Home in Holyoke, the intestate estate goes to the legacy fund or legacy account of such soldiers' home.

Massachusetts Intestate Succession Law Fun Facts

* A child who is conceived before decedent's death, but born afterwards, is considered to be alive at decedent's death for purposes of inheritance.
* Any kindred of the half blood inherit equally with those of the whole blood in the same degree (e.g., half-brothers or half-sisters share equally).
* Massachusetts' intestate succession laws can be found in Chapter 190 of the General Laws of Massachusetts.

Copyright 2002 - 2007, CCH Incorporated, a Wolters Kluwer business. All Rights Reserved.

 

[Dandy Don]

If the child support was officially decreed by a state government agency, then consult an attorney and find out how to file a claim against the man's estate for the unpaid child support. The child support agency itself might be willing to advise you on how to do this.

DANDY DON IN OKLAHOMA ([email protected])

 

[JETX]

The child support agency itself might be willing to advise you on how to do this.

So, I see that you are still smokin' some of that Okie dope, huh???
Who said ANYTHING about a child support order or agency in this thread??

 

[Dandy Don]

Can't you read, JETX? The poster clearly mentions unpaid child support in the message. Gee whiz!! What a bee-yotch!!

 

[BelizeBreeze]

Can't you read, JETX? The poster clearly mentions unpaid child support in the message. Gee whiz!! What a bee-yotch!!

So tell us donny, where was the court ordered child support issued? In what year?

 

[justalayman]

Can't you read, JETX? The poster clearly mentions unpaid child support in the message. Gee whiz!! What a bee-yotch!!

Maybe you should re-read the first post.

He has never paid any child support to my mother

He abandonded us so he would not have to pay child support and got away with it.

That's it about child support. It never mentions anything about a court order requiring payment of support, merely he never paid any support.

maybe you should have advised with, "IF the child support was court ordered, etc."

 

[JETX]

Can't you read, JETX? The poster clearly mentions unpaid child support in the message. Gee whiz!! What a bee-yotch!!

Keith-boy.... you are on some of that OK dope again, huh???

The OP said "He has never paid any child support to my mother".
Where does that say ANYTHING about COURT ORDERED child support???

Of course, it doesn't...... making your post some more of that made up crap you are so good at spreading around.

 

[Dandy Don]

I don't smoke dope, so please stop spreading misinformation.

You all need to be asking the poster if there was court-ordered child support--just because he/she didn't say it was court-ordered doesn't mean it wasn't. And you didn't read my qualifying statement saying "IF the child support was officially decreed"--you all just enjoy issuing insults, which certainly don't help the poster at all. Some people just can't stand the fact that someone else besides them would have an opinion about anything. Good day!!

DANDY DON IN OKLAHOMA ([email protected])

 

[Dandy Don]

The poster would never have mentioned the phrase child support unless he/she knew it had already been a matter already determined in court. Guess some people can't read between the lines.

 

[BelizeBreeze]

The poster would never have mentioned the phrase child support unless he/she knew it had already been a matter already determined in court. Guess some people can't read between the lines.

are those lines white and powdery and on a mirror next to the razor blade?

 

[JETX]

The poster would never have mentioned the phrase child support unless he/she knew it had already been a matter already determined in court. Guess some people can't read between the lines.

Sorry, but if you had ANY legal knowledge at all... you would know that the law NEVER deals in 'reading between the lines'.
But don't worry... knowledgeable people on this forum KNOW you have no legal experience or knowledge.