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acmoler, Attorney
Category: Family Law
Satisfied Customers: 105
Experience:  Juris Doctor Degree, Advanced law degree in Taxation, over 21 years of experience
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my mother is dying of cancer she is married but has made a

Customer Question

my mother is dying of cancer she is married but has made a will by her self and left o lot of household stuff to me her only daughter not by her husband so when the time comes will get the stuff or will it go to her husband because of marriage the man does not care for her just the stuff please let me know quick thank you
Submitted: 8 years ago.
Category: Family Law
Expert:  acmoler replied 8 years ago.

Thanks for giving me the opportunity to assist you with your question through JustAnswer In most states when you are married you can prepare a will and disinherit your spouse 100%. Most states have what is called an elective share which means that the spouse can get a percentage of the other spouse’s estate even if they have a will leaving everything to someone else. It appears that your mother’s husband will get a percentage of what ever is in her estate regardless of the will but not 100% of her property. You state that she made the will by herself. You should make sure the will she did complies with her state law or it may be invalid. All states have requirements in order for a will be valid, such as a certain number of witness on the will ,etc.   I hope this helps with your situation. Please select the green "accept" so that I can get credit for my reply to your question. Also, positive feedback is appreciated. If you have a follow-up question, Just ask. Good luck with your legal issue!

Best Regards,


PLEASE NOTE: The responses made here are for information or education purposes only, and are NOT to be considered legal advice and do not form an attorney-client relationship. Only licensed attorneys you hire in your state can provide legal advice.

Customer: replied 8 years ago.
let me explain it a little they made a will out together and it said it would leave to each other in case of a death one would get it all a sole surviver but she did not like that so she went and made a will and name stuff like truck and furiture anaimal tractor when it is time what will i do willi get the stuff that she has mention or will it all go to him since that they are married please let know
Expert:  acmoler replied 8 years ago.
I hope you have a the original second will you mother made, or at least a copy of it. The last will a person does executes is the valid will and voids out any previous will. Regardless, you still have the same problem that I stated before. The husband will still get percentage of her property regardless of having a will stating otherwise.

Customer: replied 8 years ago.
still does not help me
Expert:  acmoler replied 8 years ago.
What is the question? I have answered it based upon what you wrote. Please clarify.