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Meigs
Meigs, Family Law Attorney
Category: Family Law
Satisfied Customers: 1346
Experience:  I am well equipped to handle any family law problem you might have.
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My parents were married for sixty years and my mother died

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My parents were married for sixty years and my mother died about two years ago. My mother put her inheritance from my grandparent into a house and land about three years,because she had cancer. My father remarried and he jointed there asset together. My mother left everything to my father, because she thought everything would be left to my sister and me. My father and his wife has a will that leaves everything to her daughter, my sister and me. Is there a legal form that I can get my father to sign, to prevent his wife for changing the will if my father dies first.

meigs004 :

Hello, how are you this evening? So you are wondering if there is a way to prevent the stepmother from changing her will in the event that your father predeceases the stepmother?

meigs004 :

Is that correct?

Customer:

Yes

meigs004 :

Great, thanks for confirming that is your question. In essence, you could execute a document to seek to prevent the new wife from altering her will, however it is not enforceable by law. It is an obvious and actually common question, as there are certain situations where when estate planning occurs where stepparents are involved, the children of the biological parent are worried that upon the death of their father/mother, the stepmother will simply go out and change their will after the death so that the biological children are essentially cut out of the will. The best way to protect biological children would be through the father's will. If the father's will indicates that you are to receive a certain portion upon his death, and the wife is to receive a certain portion, along with your stepsister, then if you wish to acquire more, or protect your father's portion of the estate, you need to speak to him about modifying his will to protect the co-mingled asset that your mother and father acquired together.

meigs004 :

Does that answer your question?

meigs004 :

Does that make sense?

meigs004 :

The re-execution of the will providing the protection you seek in your father's estate is the most viable and protective measure that you could seek.

meigs004 :

Are you still there?

Customer:

YES

meigs004 :

I apologize, these chats sometimes malfunction. Do you have any other questions, did that answer your question?

Customer:

No, thanks for helping answering my question.

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