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 Ms. Poutability
Posts: 2362
  
Location: In my own world | My dad has an old will, from 30 years ago when I was a baby. I'm pretty sure it leaves everything to his sisters. He is now remarried and has a wife and step daughter. She informed me yesterday everything was half hers since she was his wife and everything would go to her when he died. I don't think she knows about his will. So what happens? I thought his will would take presidence? |
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 A Somebody to Everybody
Posts: 41354
 
Location: Under The Big Sky Of Texas | livinonlove&horses - 2015-06-14 12:41 PM My dad has an old will, from 30 years ago when I was a baby. I'm pretty sure it leaves everything to his sisters. He is now remarried and has a wife and step daughter. She informed me yesterday everything was half hers since she was his wife and everything would go to her when he died. I don't think she knows about his will. So what happens? I thought his will would take presidence?
How long have they been married? Just wondering why shes worried about what is hers. |
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 Take a Picture
Posts: 12838
| A will does take precedence, however, any will can be contested |
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 I Prefer to Live in Fantasy Land
Posts: 64864
Location: In the Hills of Texas | I take it your father is still alive?
If so, why don't you speak with him about updating his will? |
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 Proud to be Deplorable
Posts: 1929
| Has he filed a new will? |
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A Somebody to Everybody
Posts: 41354
Location: Under The Big Sky Of Texas | Have a friend her mother died and her dad remarried, new wife had her dad redo his will while he was sick and his two daughter's from first wife did not know that they were writing out, he was alot older then new wife and she has a daughter, he had a pretty big farm I'm thinking 300 acres at the time and home. He was not sound mind at the time of him redoing his will, he died and it was a big mess, his daughters did not get anything and the new wife got it all, she was a evil bit** and they could not prove anything. And that farm has been in the family for ever and this women sold it in parts.
So be very very careful and makes darn sure the will will hold up and she has not had him change it. |
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Expert
Posts: 1314
Location: North Central Iowa Land of white frozen grass | the most recent will that has been filed is the legal Will. |
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Ms. Poutability
Posts: 2362
Location: In my own world | Yes I think they are in the process of redoing the will. It's such a long story. I'll try to make it short. My dad has 2 sisters that have never married and no kids. They will leave what they have to me and my sister. About 90 acres to each of us. My dad also has 90 acres. Step mom is mad my aunts don't treat her daughter the same way as they treat me and my sister. She wants my dads 90 left to my step sister so it's all split even. My dad feels like he should split his in 1/3 for each of us. Me, my sister and step sister and it's causing problems. Step mom likes to run her trap and it's been a long 10 yrs of her being here. My dad is trying to prevent her from being able to mess with things if he passes first. She didn't think he had a will and it will all go o her so she can divide it how she wants. She wasn't happy to find out he has a will that doesn't include her. She has been physically abusive to my dad, yes physically and went to jail for it. My step sister has also hit him. She is 16. I'm not fond of either of them but I can't make my dad live his life like I think he should. So it's a sore subject |
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 Night Chat Leader
Posts: 13150
Location: Home....Smiling M Farms | Southtxponygirl - 2015-06-14 3:29 PM
Have a friend her mother died and her dad remarried, new wife had her dad redo his will while he was sick and his two daughter's from first wife did not know that they were writing out, he was alot older then new wife and she has a daughter, he had a pretty big farm I'm thinking 300 acres at the time and home. He was not sound mind at the time of him redoing his will, he died and it was a big mess, his daughters did not get anything and the new wife got it all, she was a evil bit** and they could not prove anything. And that farm has been in the family for ever and this women sold it in parts.
So be very very careful and makes darn sure the will will hold up and she has not had him change it.
Exactly, pretty much same thing happened to a friend of mine. Her dad remarried a much younger woman, had a child with him, and eventually got him to redo the will (when he got sick and wasn't really in his right mind). He passed away. New wife took everything. My friend and her full brother got nothing. After her dad died, the woman sold everything, took the money, their younger brother, and moved up north. They haven't seen or heard from them in 15 years. |
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Ms. Poutability
Posts: 2362
Location: In my own world | Southtxponygirl - 2015-06-14 12:53 PM
livinonlove&horses - 2015-06-14 12:41 PM My dad has an old will, from 30 years ago when I was a baby. I'm pretty sure it leaves everything to his sisters. He is now remarried and has a wife and step daughter. She informed me yesterday everything was half hers since she was his wife and everything would go to her when he died. I don't think she knows about his will. So what happens? I thought his will would take presidence?
How long have they been married? Just wondering why shes worried about what is hers.
Been married 10 yrs. she doesn't think her child gets treated fairly. And I believe her speech entailed something about her her $ went into the farm and it is hers to give too even though my dad owned it all before she came
In the picture and the home place was completely paid for when she came Up here. I got up and left when my dad told her that was enough we weren't discussing it more. |
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A Somebody to Everybody
Posts: 41354
Location: Under The Big Sky Of Texas | livinonlove&horses - 2015-06-14 3:36 PM Yes I think they are in the process of redoing the will. It's such a long story. I'll try to make it short. My dad has 2 sisters that have never married and no kids. They will leave what they have to me and my sister. About 90 acres to each of us. My dad also has 90 acres. Step mom is mad my aunts don't treat her daughter the same way as they treat me and my sister. She wants my dads 90 left to my step sister so it's all split even. My dad feels like he should split his in 1/3 for each of us. Me, my sister and step sister and it's causing problems. Step mom likes to run her trap and it's been a long 10 yrs of her being here. My dad is trying to prevent her from being able to mess with things if he passes first. She didn't think he had a will and it will all go o her so she can divide it how she wants. She wasn't happy to find out he has a will that doesn't include her. She has been physically abusive to my dad, yes physically and went to jail for it. My step sister has also hit him. She is 16. I'm not fond of either of them but I can't make my dad live his life like I think he should. So it's a sore subject
This is scary stuff. |
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A Somebody to Everybody
Posts: 41354
Location: Under The Big Sky Of Texas | This women that married my friends dad has a daughter from a different man so this girl was not even his but she was in the will, I think they were married about 10 years maybe more but he was much older, and his own girls did not get a dime when he passed. Its was a really sad thing to happen, this women was so good to his girls the whole time he was alive and then when he died things changed really fast, these girls treated her as part of the family, they loved their daddy so they loved her too because it was their dad, but who knew she would do this to them.. |
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Ms. Poutability
Posts: 2362
Location: In my own world | Southtxponygirl - 2015-06-14 3:51 PM This women that married my friends dad has a daughter from a different man so this girl was not even his but she was in the will, I think they were married about 10 years maybe more but he was much older, and his own girls did not get a dime when he passed. Its was a really sad thing to happen, this women was so good to his girls the whole time he was alive and then when he died things changed really fast, these girls treated her as part of the family, they loved their daddy so they loved her too because it was their dad, but who knew she would do this to them..
Step sister isn't my dads kid either. He did adopt her because mom says it traumatized her to have a different last name. It is what it is. I told my dad I won't be mad at him. But was hoping if he just did nothing his old will would save him |
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A Somebody to Everybody
Posts: 41354
Location: Under The Big Sky Of Texas | livinonlove&horses - 2015-06-14 4:05 PM Southtxponygirl - 2015-06-14 3:51 PM This women that married my friends dad has a daughter from a different man so this girl was not even his but she was in the will, I think they were married about 10 years maybe more but he was much older, and his own girls did not get a dime when he passed. Its was a really sad thing to happen, this women was so good to his girls the whole time he was alive and then when he died things changed really fast, these girls treated her as part of the family, they loved their daddy so they loved her too because it was their dad, but who knew she would do this to them.. Step sister isn't my dads kid either. He did adopt her because mom says it traumatized her to have a different last name. It is what it is. I told my dad I won't be mad at him. But was hoping if he just did nothing his old will would save him
I hope the best for you and your family, this is a tuff one for sure.  |
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  Texas Lone Star
Posts: 5318
Location: where ever my L/Q trl is parked | Don't know if every state has the same laws, but in Ca you have to be married atleast 10 years before one or the other spouse get everything.... and then if there is more than one marriage if any of those unions are 10 years + they will get a percentage of Social S. |
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Ms. Poutability
Posts: 2362
Location: In my own world | Southtxponygirl - 2015-06-14 4:41 PM livinonlove&horses - 2015-06-14 4:05 PM Southtxponygirl - 2015-06-14 3:51 PM This women that married my friends dad has a daughter from a different man so this girl was not even his but she was in the will, I think they were married about 10 years maybe more but he was much older, and his own girls did not get a dime when he passed. Its was a really sad thing to happen, this women was so good to his girls the whole time he was alive and then when he died things changed really fast, these girls treated her as part of the family, they loved their daddy so they loved her too because it was their dad, but who knew she would do this to them.. Step sister isn't my dads kid either. He did adopt her because mom says it traumatized her to have a different last name. It is what it is. I told my dad I won't be mad at him. But was hoping if he just did nothing his old will would save him
It's tough to see them treat him like crap. He kept her around because he was afraid of what would happen to the step daughter if he divorced her. I understand that. But now that the step daughter treats him like crap too it peeves me off. |
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 Extreme Veteran
Posts: 432
Location: Tennessee | It really depends on the state you live in and state law. In TN, for example, everything automatically goes to the spouse, regardless of a will. When my grandfather passed, even though he had a will, everything went to my grandmother (actually my step grandmother, his 2nd wife). Tennessee doesn't even look at a will if they are survived by a spouse. Everything is considered marital property and as such goes to the surviving spouse. |
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Take a Picture
Posts: 12838
| In TX and I believe LA if you adopt someone they cannot be left out of a will. You can leave them $1 but they cannot be left out of a will.
My mother and dad had wills leaving everything to each other. They each assumed that they would take care of us 3 kids. My mother was killed in 1967 in an auto accident. We had a 735 acre ranch. My dad remarried and my step mother talked my dad into selling the ranch. She bankrupted my dad within about 5 years. I was very young and did not know that you could contest a will. Wish I had known because I am sure that it could have been done. Moral of the story is, have your business in order, make sure that the will clearly states who gets what AND that everyone knows what they are supposed to get so that they can get their panties out of a wad before the will kicks in.
I wrote my will and my husband's will and when my husband died his was probated with no problem. I don't really recommend this though.
Edited by streakysox 2015-06-14 11:21 PM
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 My Heart Be Happy
Posts: 9159
Location: Arkansas | livinonlove&horses - 2015-06-14 3:36 PM
Yes I think they are in the process of redoing the will. It's such a long story. I'll try to make it short. My dad has 2 sisters that have never married and no kids. They will leave what they have to me and my sister. About 90 acres to each of us. My dad also has 90 acres. Step mom is mad my aunts don't treat her daughter the same way as they treat me and my sister. She wants my dads 90 left to my step sister so it's all split even. My dad feels like he should split his in 1/3 for each of us. Me, my sister and step sister and it's causing problems. Step mom likes to run her trap and it's been a long 10 yrs of her being here. My dad is trying to prevent her from being able to mess with things if he passes first. She didn't think he had a will and it will all go o her so she can divide it how she wants. She wasn't happy to find out he has a will that doesn't include her. She has been physically abusive to my dad, yes physically and went to jail for it. My step sister has also hit him. She is 16. I'm not fond of either of them but I can't make my dad live his life like I think he should. So it's a sore subject
This is a sad situation, and I feel terrible for you and your dad. Greed is an awful thing, especially among family. |
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 The Vaccinator
Posts: 3810
Location: Slipping down the slope of old age. Boo hoo. | Unfortunately, inheritance expectations tend to cause some really big family rifts and upsets -- if you own something, it is your right to leave it to anyone you wish - family or not. We are not entitled to anything our parents have unless law forces it to us or parents want us to have it. However you wish to split up your assets legally you need a will and/or trust. If you have lots of assets, it is so important to estate plan -- and speak with your family so they know how you will distribute those assets. If no will, the state you live in will determine who gets what.... and wills can be contested -- if you want to spend the money to contest..... and then again, the state will determine what will happen. If you have assets, get a lawyer and get a good will written or have a revocable trust set up -- but most importantly - talk with your family regularly so they know what you plan to do and why..... or better yet as you get old begin distributing things you want people to have before you are too old to remember what you want to do with them.... i.e. give little Ricky that big painting over the fireplace or deed land to daughter Gayle with stipulations you live out your life there -- just ESTATE PLAN in some manner. I have seen so many families implode and destroyed over "inheritances". Very sad. |
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