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Question regarding an estate. My fathers second wife (my step-mother), has kept our family name since my father passed away in 1987. She has never been married before my father or since and has no children. When my father passed away, thru his estate she acquired most of all his assets. When she passes, does my sister and I have legal right to contest her will. My sister and I have been told by numerous people over the years that she's planning on leaving all to an animal shelter.
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You should look at your father's will if he had one. If he left assets to his wife in a life estate, or a trust, then she gets the use of the assets during her lifetime but then his will or the trust would distribute the assets to you. If he did not, and just left everything outright to his wife, then she has the right to leave everything to who ever she wants, including an animal shelter.
Answered on Mar 04th, 2014 at 9:02 PM
Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship