Family Law Questions? Ask a Family Lawyer Online.
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?
Is that correct?
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.
Does that answer your question?
Does that make sense?
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.
Are you still there?
I apologize, these chats sometimes malfunction. Do you have any other questions, did that answer your question?
No, thanks for helping answering my question.