Stepmother and Heirs
My mother and father divorced 35 years ago and my father has since remarried. My question is when my father passes away do his children from the first marriage automatically inherit from his estate or would it go only to his new wife, and how would a will change this, e.g. even if his will left everything to his new wife can we successfully contest the will ?
1 Answer from Attorneys
Re: Stepmother and Heirs
If there is a will leaving everything to the wife, that would dictate distribution unless you could challenge it by claiming duress, lack of capacity etc. If there is no will, the intestacy rules of the state would govern and there would be a percent going to the wife and the remainder would be split among surviving children. The percentage depends on whether any children are still minors. If you need more info, please contact us.