Hello! My name is XXXXX XXXXX I look forward to helping and providing information to you today.
My condolences in the loss of your step father and I am sorry you are dealing with this situation.
My first suggestion is that your mother retain local legal counsel to assist her with the estate
administration/probate. Several things could come into play regarding this situation. First, the will and the execution of the will should be carefully examined to make sure he was of sound mind to make the will and that it was a product of his own free will. Meaning he was not under some undue influence to change his estate.
How the real property is titled makes a difference as well. If the property was held jointly with rights of survivorship
title would pass outside the provisions of the will to the joint owner.
An ancillary probate
will need to be opened in each State in which real property was held. If property was acquired after their marriage in New Mexico and Arizona the community property laws will affect how the property is transferred on his death and possibly would transfer to her outside the will if the property became community property during their marriage.
It will be important to locate the prenuptial agreement to determine what property was considered separate. However, it is unlikely to have been a recorded document and you will not find a copy in the Wyoming courts. Also, prenuptial agreements do not have much bearing on testamentary distribution of property but only marriage dissolution matters.
The most important information I can provide you is to retain a local attorney to assist your mother as a personal representative of the estate, review the deeds to the real property which can be found in the county recorder's office where the property is located, and review the will to make sure it was properly executed and try to discover facts that indicate the will was not the free product of your father's mind but that of someone's influence.
I am very sorry you and your mother have to deal with this on top of grieving; that is an unfair and unnecessary situation to be placed in by the beneficiaries of the estate.
All my best & encouragement.
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All states have intricacies in their laws and any information given is simply information only and specifically is not intended to be, nor does it constitute, legal advice. This communication does not establish an attorney-client relationship with you.