on mother demise only her biological children would be legal heirs .
step son would not be beneficiary
Mother's jewerly
In the event of my mother's death, are beneficiaries, such as her stepson, included in the distribution of her jewelry.
Asked 3 years ago in Property Law
Religion: Christian
12 Answers
When my father died last year, my step brother was a designated signature on his bank account. When my dad died they took the rest of the money from the bank for himself without paying any debts. Is it true that the other beneficiaries I responsible for his debt
Asked 3 years ago
all legal heirs are liable for payment for father debts in proportion to their inheritance
in other words you are not liable to pay more than you inherit from your deceased father
Yes all her assets would be distributed amongst her legal heirs unless she has made a will.
How can they take away all the money? The nominee is a mere trustee and he has a legal obligation to distribute the assets amongst the legal heirs. You should file a case against him.
1. If your mother dies intestate, then her movable and immovable properties devolve equally amongst her legal heirs, including the stepson. However, if someone wants to keep the jewellery, if all other legal heirs are proportionately compensated, then it can be done.
2. In case your mother executes a WILL detailing the beneficiary/beneficiaries, then her movable and immovable properties would devolve to the beneficiaries mentioned in the WILL.
3. For his debts, whichever legal heir has benefitted from your deceased father's movable and immovable properties, he/she has to clear the debt.
technically all beneficiaries are responsible for debt payment.
- Stepson is not entitled to any share in the property of mother after her death.
- A creditor is entitle only to recover the share of deceased ancestor, he cannot recover more than the share of deceased debtor.
Dear Client,
Can you provide more information as to what exactly is your query ? It will be helpful to understand.
Thank You
- As per law, after the demise of your mother , her assets etc. would be devolved upon her legal heirs , and not step son i.e. son from other wife
- Further, that step brother being a nominee cannot take all the funds from the account of your father , and legally all the legal heirs are having claim over the said amount of bank, and he is equally accountable for the payment of debts of your father , if he got fund from his account.
- Send a legal demand notice to him for getting share in the amount.
Yes if after the class one heirs are done after that other heirs may have share
A step son of the mother who died cannot become her legal heir even though he is born to her husband.
Therefore he may not be entitled to a share out of her properties both movable and immovable.
The word beneficiary itself would make them liable for the debts to the extent of the benefits availed by the so called beneficiaries.
If you have not availed any benefit out of your deceased father's assets, then you may not be liable to pay his debts