My mother passed a year and a half ago and I had her will, am currently going through the proper procedures along with my attorney and her spouse (my stepfather) and his attorney. However he had just passed away also and unknowingly to me and my attorney, he has willed everything to his son, that can't possibly be legal, right??!!
5 Answers from Attorneys
sorry, there is not enough information here to answer your question. Why don't you ask your lawyer who is familiar with the circumstances?
You should ask your attorney about these issues. He or she is probably in a better position to advise you.
If your mother left everything to her husband, and her husband outlived any time required, then her husband's would control.
His will is only effective as to what was in his estate when he died, including anything he was entitled to under your mother's will that had not yet been distributed, but not anything that your mother properly and legally left to anyone else. So anything your mother left to someone other than him, if her will properly bequeathed things to others, still goes to them. Whatever went to him by law or your mother's will, then passes according to his will.
Consult with your attiorney for the answers to the legal issues you raise.