Anyone know anything about wills and the law?

My mom passed away last year, And she and my stepfather Had a will made. We have Not seen a copy of the will and know only what we were told, That Her things were his until he died and then it came to her children. My question is I guess, Could he have the will changed the know the children out of it?

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    5 Responses to Anyone know anything about wills and the law?

    1. cambay says:

      But I do know that the survivor can have a change in the intentions of the person who willed everything to him – this would no doubt call for a will on his behalf – it would be important to find the will and anything related to it.

      I might suggest telling him that you want to see the will since it was your Mom’s and also so you know how to manage things when he passes. Who might the executor be? Ask him that question.

      Telling him that is the last thing your Mom wrote and it is important to you is a compelling argument, but since I get the sense he is not all in favor of the children, perhaps he is not reasonable – who knows.

      Would not make sense to keep everything to himself since he will be dead (no?) – trying to have a sit down and talk rather than imagining is the best approach.

      But sure – he can do with what is in his name any way he pleases.

      All the best – families are so bombarded with stress around these issues. I hope your fears do not come to fruition.

    2. Dirty P says:

      She could have changed her will at any time without your knowledge or consent. However, you are within your rights to ask to see a copy of the will.

      He can’t change the will, it’s her will. Whatever copy he shows you must be signed by her to be valid.

    3. Boomer Wisdom says:

      It could have been changed, but somehow there is a person named as executor or executrix of the will. They are compelled by law to keep an accounting of the estate, and must provide a copy of the will to interested parties. If you suspect this person is acting in bad faith, you need to see an estate attorney and raise hell.

    4. GrayPict says:

      You need to consult an attorney. It sounds as if her will has not been probated. When a will is probated every person mentioned in it must be notified. When My mothers will was being probated I received at least 8 letters from the attorney. Depending on how her will was written, he could leave his estate to someone other than his stepchildren, which might mean that some of your Mothers things what were given to him in her will, could be given to someone else in his will.

    5. Tina says:

      In most states, when one spouse dies the other spouse is protected by ‘right of survivorship’, which means even if you mother had a will and it was probated her children would not received anything before, at best, her spouse dies…assuming he does not change his will. Having your mother’s will, will not help your situation as there is a clause in most will that specify if one spouse dies before the other then the remaining spouse’s will takes precedence over any will that she would have had.

      Now that all of their assets are legally his, he can draft a new will leaving the step children out completely and it is perfectly legal. I went through this a few years back when my mother died and her spouse changed his will after she died.

      You could hire an attorney but if you are not talking large sums of my their fees will eat up any distribution that you and your siblings were hoping to receive.

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