QUESTION
If his wife tries to cut me out of what was his before he married her, would I have any right to stop her from taking the land he said would be mine?
Asked on Sep 08th, 2013 on Estate Planning - California
More details to this question:
My dad married a woman with 2 kids of her own and they are married for 46 years but he never adopt them and he dies and leave all the stuff to his wife.
12 ANSWERS
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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You will have to see if he has a will. If he does, you can contest it. If not, you can get the share authorized by statute.
Answered on Oct 25th, 2013 at 4:13 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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If your Dad left a Will leaving all to his wife, then you're done unless you can challenge the will as being caused by undue influence. It doesn't matter what he said, the will he wrote and signed will control.
Answered on Sep 12th, 2013 at 5:11 PM
Your father can leave all his estate to his wife in his will.
Answered on Sep 12th, 2013 at 5:11 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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If father leaves a will designating his wife as beneficiary, then his wife receives the designated assets.
Answered on Sep 12th, 2013 at 5:11 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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No. You are stuck, if your father did not set up his estate planning the way you thought he would.
Answered on Sep 12th, 2013 at 5:11 PM
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I am sorry for your loss. Unfortunately, she can do whatever she wants with the property if he left it to her outright. You have no say in the disposition if she was left the property. You should address how the property is titled to see if you have any rights. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.
Answered on Sep 12th, 2013 at 5:10 PM
Unless your father was uncompetent or under undo influence at the time he wrote his will, he is entitled to leave any or all of his possessions and property to whomever he chooses. Written documents supercede oral commitments.
Answered on Sep 12th, 2013 at 5:10 PM
Thomas Edward Gates
If he leaves everything to his wife, there is no issue to be resolved.
Answered on Sep 10th, 2013 at 10:45 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Well, I guess you know now that you can't trust your father. Still, you need to consult with an attorney because whether you get anything or not depends on a number of facts and only a local attorney will be able to sort that out for you.
Answered on Sep 10th, 2013 at 10:38 AM
Assuming that he has capacity and does so willingly, he can leave his property to whomever he chooses. Certain States have rights to protect the surviving spouse and children. For more information, consult with an attorney specializing in estate matters.
Answered on Sep 10th, 2013 at 10:38 AM
Corporate/Business Attorney serving Beachwood, OH
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Christine Sabio Socrates Attorney at Law
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It is difficult if your father did not provide for this in his estate planning documents. A review of his will and/or trust would need to be done in order to accurately answer this question.
Answered on Sep 10th, 2013 at 10:37 AM
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In a 46 year marriage it is unlikely there is any separate property and if he left a will leaving everything to his wife, you are likely out of luck.
Answered on Sep 10th, 2013 at 10:31 AM