Legal Question in Wills and Trusts in South Dakota
''What are my rights as the only child''?
The history: I was born to my Mother/Father, they divorced 40some years ago. Father remarried, twice, the 2nd wife passed on, the last & final is still alive. Until I turned 17 & went to work, I spent every weekend with him & the current wife. I am the only child my Father had, & any subsequent wives never had any children.
My Father passed away 3 yrs ago, & I know I was included (to what degree, I'm not sure), but he has said I would get the house. I believe while I was there for his funeral, the current wife ran to their attorney & changed up the will. Suddenly, her 2 nieces are in the picture & all she talks about is them. There is an executor, a friend of theirs, who I dont feel I can ask questions of. And, certainly, I do not feel comfortable questioning my step mother what is going to happen. I feel iit's really not my business, & if she wanted me to know something, she would tell me.
Can I get completely left out of any inheritance?
1 Answer from Attorneys
Re: ''What are my rights as the only child''?
That depends. If your father left a will, it can't be changed after he dies, because of the signature , notary and witness requirements. I really doubt a lawyer would risk a felony charge, and loss of his law license for the pittance of what he would profit from your father's estate. If there is no will then you have to find out if the house you say youi were to get was held in joint tenancy with your step-mother. If not, then you have a great claim. Her neices are not your father's heirs. You can assert your position as an heir. Your step-mother only gets 1/3 if there is no will. You must find out if a probate case has been opened. If not, you open one. Please call me for a consultation. It is too complex for a non-lawyer.
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