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Biological child looking for legal rights info when it comes to half-sibling who has taken over everything including my fathers money and assets. Both our mother we shared has passed and I have not received anything nor has she allowed the will to be read and it’s been over a year since mother’s death. My half sibling has moved into house left to my father her stepfather and taken over everything as well as had my biological (her stepdad) who has dementia sign a POA putting her in charge over everything. What are my rights of being biological child of surviving spouse compared to half sibling? This is for state of Texas

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If Moms Will has been probated, its on file. If you are a beneficiary, you should have been sent a letter by the Executor stating that the Will is now in probate. Probate requires this and I had to sign a form saying I did it. Probate can take a while. In my state you can't close until after 8 months.

Now your Dad. You need to prove that Dad had a diagnosis of Dementia when he signed the POA. Was the POA executed by a lawyer? If an internet thing, was it witnessed and notarized.

I would say that as a biological child u have more rights then a step-child. I would consult with a lawyer. Once a person dies, the POA is no longer in effect. Hopefully, your Dad has a Will and made you Executor. Then you can ask your half sibling for an accting how Dads money was spent. If no Will, you get to Probate ASAP after Dad passes and become Administrator. The State will then step in and determine who inherits. Since half-sibling is not Dads child, she may not inherit.
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Isthisrealyreal Aug 2021
Just to add, if you are not a beneficiary then you would not be entitled to see the will and you definitely would not be sent a copy.

The only reason that the executor would bother to show or send a copy is to stop needless harassment from someone.
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Your mother had a child by her first husband (your half sister).
Your mother remarried, this time marrying your father, and you duly came along later.
Time passed.
Your mother died, leaving her property to her husband, your father.
Your stepsister has moved into the house and is now living with her stepfather/your father, who has dementia.
Your stepsister has power of attorney for your father.

You want to know what your mother left you in her will and when you will receive it.

As your father's biological child... and this is where I begin to have some difficulty following your argument... you feel you should be entitled to - what? To take on the caregiving responsibilities? To manage your late mother's assets on your father's behalf to ensure that his money is being spent correctly on his care?

Feel free to volunteer. Have you been involved in your father's care? Have you approached your sister to offer support?
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Goddatter Aug 2021
My add-in puzzle question is: Was the half-sister legally adopted by the father?
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Your profile says you are caring for your father. Are you? This post doesn't seem to indicate that. Do you live in proximity to him?

I agree with others who say that your mom's estate probably all went to her husband. It is true that if she did have a will and you weren't mentioned in it, you wouldn't be privy to what it says or be contacted regarding it. I guess you can hire a lawyer to contest it IF she actually had a will. And if she did, who was the executor? Did her estate go through probate?

How do you know the house was "left" to him? Maybe his name is on the title? So it'd be his house?

Did your half-sibling show you the PoA paperwork? (fyi they are not obligated to show or prove anything to you). In some states an attorney will still create a PoA for someone if they are able to understand what they are doing and what the implications are for them. This means someone with mild memory loss or the very beginnings of dementia may still be able to assign a PoA (as judged competent by the lawyer through private questioning of that individual). So when you say your dad has dementia, how bad was it at the time he assigned it (and how do you know when that was)? More info would be helpful.
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BurntCaregiver Aug 2021
Geaton777,

If she is not mentioned in her mother's will, then she would have a case to break that will and get a share of inheritance.
When a parent wants to cut one of their kids out of a will, they have to mention that person by name in their will. Normally the person will mention them and leave them the sum of one dollar so that the will cannot be contested in court and re-opened.
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Will's don't get "read" like you often see in movies and on TV, it just doesn't happen. By what you've said I'm going to assume the marriage was a long one and I think it's pretty common for a married couple to leave all their assets to the surviving spouse, in that case there would be no need for you to be involved or informed.
As for the POA - I'm going to assume they had named each other and when your mother passed it was necessary that he appoint someone and your step sib was present and available to get things done. From what you wrote I have to think that your father raised this step child and feels that they are as much family as you are, obviously you feel differently. You can certainly lawyer up and contest the POA if you are willing and able to fight for Guardianship.
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BurntCaregiver Aug 2021
cwillie,

If the father did not legally and formally adopt this sister then she has no legal right to take over an estate for this man. She would be entitled to one-quarter of her mother's estate. If she came by the POA by nefarious means and took advantage of someone with dementia, that has to be taken into court.
The spouse gets half. The kids divide up the rest. Of course this is not so if the mother left a will making her husband her only heir. In such case he inherits everything.
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LAWYER UP first, check online second.
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You have the right to hire an attorney -- which i suggest you do.
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I think JoAnn said it best, but if it were me, I’d definitely contact a lawyer. It’s a shame that it would have to come to this, but there are greedy people out there. Every family has one.

Look out for yourself and your dad. Get a lawyer.
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Cashew Aug 2021
and it seems the "greedy" one is the OP. Not one word of care for the father's well being, not one word of concern that there is fraud. In which case, I would have been all for her going legal against her sister. However, all she posted is upset that her sister is doing everything legal to care for the OP's father while the OP talks about inheritance and assets.
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Once a will has been through probate it becomes a public document, accessible to anyone who asks to see it. I expect local courts could advise on how you apply, if you can't find the information online.
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I'm sorry you are having such problems with someone you ought to be working with for your father.
There is no reason you should receive anything in your mother's will, very often everything is left to surviving spouse - however the executor of the will legally has to disperse the estate according to the will. If you feel she has not done this then get your solicitor/lawyer to write a letter to her requesting sight of it under her responsibilities as executor or to pass it to the executor if that is not her.
Where you live is irrelevant with regards to getting POA - if your father has dementia he cannot make a valid POA - so it depends on whether he has a medical certificate of dementia and incompetence to determine if this is valid. If he does then speak to an Elder Lawyer about overturning it and getting you both guardianship (or just you if that can sensibly be justified), I do not know what Texas law says - but in the UK you as the biological child - assuming the half sibling was not adopted would have sole responsibility and all rights but would be expected to go along with your fathers wishes and to be reasonable based on the length of the step child/father relationship. This could end up being determined by a court if you could not come to a sensible agreement.
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Cashew Aug 2021
I think the OP sounds snitty about a will that would have left everything to the father, anyway.
And then whines about the half-sibling who is putting her life on hold and taking care of her step-father and has the POA.
NOTHING absolutely NOTHING indicates any lack of care for her father, It comes across as a gimme and not a concern for the elder.
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Your father is considered your mother's next of kin in EVERY state because they were married.
If you are his biological child and he never legally and formally adopted your step-sibling, then YOU are HIS next of kin (unless he has other biological or legally adopted kids). This is so in every state in these Unites States.
It's time for you to bring your case into the probate court where your father lives and petition for conservatorship/guardianship over him. You would do well to retain a lawyer who can help you file the paper work and explain your situation during the court proceedings.
First consultations with lawyers is usually free. Make an appointment with one and go and explain your situation. Then let the lawyer help you to kick your greedy, pushy half-sibling out on her a**. Good luck.
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Isthisrealyreal Aug 2021
Boots on the ground, live in caregiver is a greedy, pushy person?

That is a totally new concept to me. Thanks for clarifying that the person that steps up and actually helps is the POS.

Because we all know how pleasurable caring for a demented parent is and yahoo, it only gets better when a sibling is absent and looking for their inheritance. We should sell tickets for the joy it brings the caregiver.
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