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Would I Be Entitled To Some Of My Late Fathers House

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Abbymae | 02:12 Fri 19th May 2017 | Family & Relationships
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Would anyone know if id be entitled to half of the sale of my brothers house. We share the same dad but i was a result of an affair over 40 years ago i was a dirty secret never was kept by him infact my mom struggled to keep me but she did whilst my dad had lush holidays lived the high life drove nice cars. I went to see him when i was 23 his words i cant have nothing to do with you no 1 knows about you i have a good life and people wouldnt understand. That was it. He passed away 5 years ago leaving me a younger brother who got everything the villa in spain the cars business very well. Established over 60 yrs in building trade bank accounts and classic car and the house. An under 18 with all that within 2 years there was nothing left but the house. Now hes selling that please state in mind only 4 years ago i only found out i had a brother he found me on social media. Our dad told him all about me when his mom passed away. So does anyone know if id be entitled to any of the house please.
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Your post is extremely difficult to read. First of all though, can you tell us which country you're in, please? This website is UK-based but posts at this time (and using the American 'Mom', rather than the British 'Mum') often come from people in the USA. There are massive differences between the laws of the USA and those of the UK, so we need to know where you live before we can advise you.
Is his name on your birth certificate?
As Buenchico says we would need to know which country and maybe state you are in. There may be other factors we need info on too. For example, did your Mom ever claim maintenance (or US equivalent) or receive financial support; is there any official acknowledgement / documentary record that he was your father; did he leave a will and if so were you mentioned in it?
I would imagine it depends on whether or not he died intestate. If he had a will and you weren't included then I wouldn't think you would be entitled. If he died intestate then it is another matter, and you may well be entitled a share of the estate. As Buenchico says you would need to say where you are for anyone to offer proper advice.
Sorry, FF, I didn't see your second post before I answered.
Mo probs. Happens to me all the time, especially on Crosswords or when giving longer answers that may take a few minutes to construct whilst making breakfast etc
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I live in the uk my dad was not put on my birth certificate as i was a result in an affair he was already married and wasnt going to leave his wife and family for my mum and me only as i was 10 years old he divorced his wife she had the house divorce settlement his already 3 adult kids had deposit on there homes. He moved in with what was going to be my now brothers mom. Years later after they moved he bought the house my brother was born lived a successful life he passed leaving everything to an under 18 year old
I can understand why you feel hurt about the way he spent his money on classic cars, holidays, nice house etc but I think all that needs to be put to one side so that we can just focus on the main issue which is whether you, as his son (which you may need to prove), are entitled to anything even though you were not left anything in the will.
Which part of UK are you as the laws are different in Scotland from England, say?
Barmaid should be able to help with this one....she is our resident Wills expert !
And Buenchico and PP are pretty good on this topic too.
It is worth approaching a solicitor for an initial free consultation. They may be interested as if there is a potential claim the amounts involved could be significant and so could be lucrative for the solicitor. I would not rate the chances as very high but I am not a legal expert.
If this is purely about money, which it seems it is, then personally I'd just leave it. It sounds extremely complicated. Your father, rightly or wrongly, chose to not put his name on your birth certificate and also chose not to name you in his will. I can't see how any court would overturn his will if he made it when in sound mind, whether that's unfair or not.
you could try the citizens advice bureau, for free advice. just google them to see if theres one close to where you live.
what an old bugga

Over to Barmaid

[in order to claim under the 1975 act you have to be dependent on him at the time of his death - and it is pretty obvious from your rather easy to read post that you werent. Still it is all about money so it may be worth getting an opinion but not spending an awful lot of money as I think your claim is well non existent]

having a v rich dad is no reason to claim on someone's estate

I think your report 'I can have nothing to do with you ' when you were 23 is fatal to a claim
The actual death and the distribution of the estate was 5 years ago and the younger brother got everything. I have no legal training but I would think it is too late to dispute the will now!

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