will involving my dad and stepmother
are me and my sisters entitled to any of my dads estate after he dies.my dad says we are in his will but he says it is up to my stepmother. there are other kids by my dads second marriage. we are his original kids.
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Read More Answered By: William Nesmith |
Re: will involving my dad and stepmother If your father left a valid will, the will controls what happens at his death. He is free to leave everything to his wife if he wishes, or he can leave a portion to her and direct that the rest be divided among his children, either according to his directions or at her discretion. He can leave half of everythign to her,and everything else to just her children, just you, or any other combination of children he wishes. In short, he can direct almost anything in his will, as long as he doesn't cut her out of it.(She can do what's called "electing against the will" if he shortchanges her.) On the other hand, if he does not have a will, then you will be entitled to a share of his estate as an heir at law,and the personal representative will collect and distribute everything. At this time, with your father alive, his will has no legal effect. It creates no enforceable rights for anyone, and can be changed or revoked at his pleasure. It's going to come down to one or two questions: (1) Is there a will? If not, forget question 2. (2)If there is a will, what does it say? |
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