QUESTION
What are the rights of the children when a father remarries?
Asked on Feb 01st, 2012 on Estate Planning - Indiana
More details to this question:
Our Dad remarried 18 years ago, after divorcing our Mother. Our Dad has cancer and may only have weeks to live. We do not know for sure if he has a Will. My brother says he does. Dad's wife seems to think she is getting everything, the 60 acre farm, the double wide trailer, cars, tractors, antiques, etc.What rights do we have? Our Dad has been especially cruel & abusive toward me, because I am a woman. He has also been cruel to my son, especially when he was a boy. Could the abuse be used as leverage? I would like to see the estate divided in thirds. Is that possible?
3 ANSWERS
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If your Dad has a will, and the will is validly executed (in other words he was mentally competent and under no undue influence when he executed it, whatever it says will control. If the will is proper and leave everything to his wife, then it will all go to his wife, unless you can successfully challenge the will. I really don't think the alleged abuse will make much difference.
Answered on Feb 17th, 2012 at 12:02 PM
The will, will control disposition of property. If there is no will, laws of the state controls.
Answered on Feb 09th, 2012 at 4:10 PM
You should consult with an estate or probate lawyer for specific legal advice regarding your dad's assets and the State's inheritance laws.
Answered on Feb 09th, 2012 at 10:51 AM