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My Aunt Had Land But Other Family Removed My Name (HELP)

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EarlFrank

Guest
State: Texas

I am in a very confusing situation. My aunt passed a while back and the family lawyer helped in the distribution and selling of her land, so as a couple of years passed the land was sold, but the problem was before my aunt passed my name was on the paper work as a relative to receive but they found out my last name linking me to the family isnt on my birth certificate. But my dads sister intended me to be in this distribution. To make it short, as soon as they found out my last name wasnt what it should intended to be, they basically blacked me out of the deal, is there any thing I can do?


Thanks in advance
 


I AM ALWAYS LIABLE

Senior Member
EarlFrank said:
State: Texas

I am in a very confusing situation. My aunt passed a while back and the family lawyer helped in the distribution and selling of her land, so as a couple of years passed the land was sold, but the problem was before my aunt passed my name was on the paper work as a relative to receive but they found out my last name linking me to the family isnt on my birth certificate. But my dads sister intended me to be in this distribution. To make it short, as soon as they found out my last name wasnt what it should intended to be, they basically blacked me out of the deal, is there any thing I can do?


Thanks in advance

My response:

Sounds to me like you were originally named in the Petition for Probate because everybody thought you were a family relation; but, when the attorney did some "family" research, found that you really weren't a "blood relative" - - or, at least, it couldn't be proved.

Were you named in the Aunt's Will?

Are you a stepchild?

We're you an adopted child?

IAAL
 
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EarlFrank

Guest
She didnt have a will so thast why they got someoen to help sell the land and get us the money, but my last name isnt on the certficate that shows im releated, but they know im blood.

she didnt have nay kids so they gave it to us alternatvicely, is there anything i can do?


Thanks in advance
 

dequeendistress

Senior Member
EarlFrank said:
State: Texas
To make it short, as soon as they found out my last name wasnt what it should intended to be, they basically blacked me out of the deal, is there any thing I can do?[E]


No will and you were the black sheep of the family? hmmm
 
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EarlFrank

Guest
Re: Re: My Aunt Had Land But Other Family Removed My Name (HELP)

dequeendistress said:
EarlFrank said:
State: Texas
To make it short, as soon as they found out my last name wasnt what it should intended to be, they basically blacked me out of the deal, is there any thing I can do?[E]


No will and you were the black sheep of the family? hmmm

Texas

Thats pretty mcuh what happaned, so is there ANYTHING I can do, the reason why money went to necies and nephews is becase she had no kids. If I go to court, they KNOW I am blood.
 
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EarlFrank

Guest
Im sure it could be establisted, but we have soo many witnesses to prove though.
 

Dandy Don

Senior Member
Your posting is a bit hard to understand because you have not furnished all of the relevant details for a decision to be made.

What "paperwork" was your name on?

Are there other relatives who received part of the distribution from this estate?

The problem may be that as a niece you may not be closely related enough to qualify as a legal heir and there might be other more closely related surviving heirs that do qualify (her sons, daughters, her husband, etc.). If you have any questions as to whether or not you qualify as an heir, you need to be talking to a local probate attorney to find out if you qualify or not. If you do qualify, then the probate attorney can advise you on the next steps to take, because if you do qualify, then you probably will be able to recover your share from this estate if it can be proven that an error occurred. It's a shame that they weren't honest enough to tell you the reason that you did not qualify, if that is in fact the case.
 
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EarlFrank

Guest
The thing is, no husband, no children, only nieces and nephews. Does that make me a quilaifyer
 
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EarlFrank

Guest
Oh yeah, ONLY necies and nephews got it, so they left me out, all the others got it cept me
 

djohnson

Senior Member
OP-you need to state the reason you were left out. What did not having the last name on your BC prove? Are you not legally a neice or nephew? It doesn't matter that everyone may know it, its what has legally been proved.

For example: If your mother had you out of wedlock and did not place your fathers name on your birth certificate, and this is your fathers sister, then you would legally have to prove you are a niece or nephew before you can legally be considered such.
 

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