Legal Question in Wills and Trusts in North Carolina
Child of Remarried Mother
My mother recently passed away. She has/had a will with my step father. Upon the passing of both of them (step father is still alive) it was her wish that the estate be split equally with the 4 children (2 from his previous marrage and 2 from my mothers previous marriage). My question is can my step father under the pressure of her own daughter now change the will and basically write me and my brother out of my mothers will?
3 Answers from Attorneys
Re: Child of Remarried Mother
Because of their nature wills generally give quite specific instructions on the disposition of property. Without a copy of the will it would be irresponsible to give a blanket answer to your questions. If the will gives her property to your step-father without restriction he may dispose of it as he wishes. I offer free consultations.
Re: Child of Remarried Mother
Your stepfather can't change your mother's will, but he can always change his will. Your mother's estate will pass as set forth in her will.
Re: Child of Remarried Mother
Absolutely NOT...your mother's will if it still exists should be probated, the purpose of any will is to leave family and friends directions on how you wish your estate to be split, now if your mother failed to direct any of her assets or property to you this would present you with a problem....but everything is dependent upon the will....and if your step dad will not release it upon request you will need to contact an attorney.
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