QUESTION
Can my stepmom remove me from my father’s will?
Asked on Jan 21st, 2016 on Estate Planning - California
More details to this question:
My father died several years ago and my step mother controls the estate. She has told other people that she is planning on removing me from the will and give it all to my step sister.
3 ANSWERS
Edwin K. Niles
Seems to be some confusion here. A deceased person?s will cannot be changed. But Dad is dead, so presumably his estate (or jointly held property?) went to wife. She, now, can change HER will. However, if they had a trust, the trust may have become irrevocable upon Dad?s death. We need more facts. Better still, have a half-hour conference with an estate lawyer.
Answered on Feb 17th, 2016 at 4:35 AM
No, the Will can only be changed by the person who authored it, who is dead. She only give what she herself owns. You need to take the Will to a local probate attorney and see what can be done. You will probably want to probate the Will and get your portion as soon as possible. However, whatever she inherited from your father she can dispose of as she wants.
Answered on Feb 17th, 2016 at 4:35 AM