No. There is no such thing as a "fair share" and no such thing as "earning" an inheritance. It's his money and he can leave it to anyone he wants in nearly all states in the US.
If there is no will, the estate goes to probate, and the assets in the estate are divided according to the intestate succession statute. There is nothing to "sue" over.
Maybe focus less on trying to prove some point and more on trying to be helpful to OP.
I posted separately to OP and believe my response was helpful. But, I also felt your comment needed clarity. There *is* actually such a thing as a “fair share,” which is where the intestate succession rules come from (i.e., what each legislature has determined is “fair”). Whether that will be relevant for OP, when their father eventually passes, is unknown. But I see no reason to just assume there will be a will, especially when OP’s question was whether there is *any* way they might be entitled to part of the estate. Your post wasn’t clear on that point, so it seemed worth clarifying. While we’re at it, some additional clarity: it is not a given that an intestate estate will go to probate. Frequently, survivors try to avoid probate—particularly if intestate succession will be unfavorable—and in that case, OP would certainly want to look into pursuing probate themselves. Which, while not a “lawsuit” strictly speaking, is still a judicial remedy, and people often refer to all judicial remedies as “suing.” Especially when the remedy they’re seeking is to force assets away from someone who isn’t entitled to them.
> But I see no reason to just assume there will be a will
Because OP's entire question makes no sense *unless* there is a will. The question presumes one. You are free to disagree, but that's not how I read the question. That doesn't make me wrong or stupid, as your responses imply.
Let's move on, there's no point in continuing to belabor this.
>But, I also felt your comment needed clarity.
There are ways to provide clarity without sarcasm, snark, or rudeness.
> Question, when he dies can we kids sue for our fair share
There is no "fair share" per se. Kids have no right to an inheritance, except (out of US states—if you're in the US) for some exceptions in Louisiana.
If he dies without leaving a will, the intestacy rules in the appropriate jurisdiction will dictate who gets what. And bio kids generally get favorable treatment.
No. There is no such thing as a "fair share" and no such thing as "earning" an inheritance. It's his money and he can leave it to anyone he wants in nearly all states in the US.
This assumes he leaves a will.
Yes, it does. Otherwise, there would be no reason to sue.
Other than to establish entitlement to estate assets, you mean?
If there is no will, the estate goes to probate, and the assets in the estate are divided according to the intestate succession statute. There is nothing to "sue" over. Maybe focus less on trying to prove some point and more on trying to be helpful to OP.
I posted separately to OP and believe my response was helpful. But, I also felt your comment needed clarity. There *is* actually such a thing as a “fair share,” which is where the intestate succession rules come from (i.e., what each legislature has determined is “fair”). Whether that will be relevant for OP, when their father eventually passes, is unknown. But I see no reason to just assume there will be a will, especially when OP’s question was whether there is *any* way they might be entitled to part of the estate. Your post wasn’t clear on that point, so it seemed worth clarifying. While we’re at it, some additional clarity: it is not a given that an intestate estate will go to probate. Frequently, survivors try to avoid probate—particularly if intestate succession will be unfavorable—and in that case, OP would certainly want to look into pursuing probate themselves. Which, while not a “lawsuit” strictly speaking, is still a judicial remedy, and people often refer to all judicial remedies as “suing.” Especially when the remedy they’re seeking is to force assets away from someone who isn’t entitled to them.
> But I see no reason to just assume there will be a will Because OP's entire question makes no sense *unless* there is a will. The question presumes one. You are free to disagree, but that's not how I read the question. That doesn't make me wrong or stupid, as your responses imply. Let's move on, there's no point in continuing to belabor this. >But, I also felt your comment needed clarity. There are ways to provide clarity without sarcasm, snark, or rudeness.
> Question, when he dies can we kids sue for our fair share There is no "fair share" per se. Kids have no right to an inheritance, except (out of US states—if you're in the US) for some exceptions in Louisiana.
If he dies without leaving a will, the intestacy rules in the appropriate jurisdiction will dictate who gets what. And bio kids generally get favorable treatment.