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  Fact Checker
Posts: 16572
   
Location: Displaced Iowegian | kdb2qq - 2015-06-14 9:54 PM 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.
I looked this up since I have relatives in TN.....Somebody had a very stupid lawyer if they "allowed" her to get everything.....this is the TN law........
Generally, a testator is free, through a valid will, to bequeath his property to any friend, family member or charitable organization. Tennessee law, however, protects a surviving spouse, who is always entitled to a percentage of the deceased's estate. If a spouse is omitted from a testator's will -- whether inadvertently or intentionally -- the disinherited spouse can claim her elective share. Tennessee law grants a surviving spouse nine months' time from the deceased's death to seek an elective share from the court. In Tennessee, the amount of the elective share is based on the length of the marriage. If the marriage lasted for less than three years, the elective share is 10 percent of the estate. If the marriage lasted between three and six years, the elective share is 20 percent, and if the marriage lasted between six and nine years, the elective share is 30 percent. Finally, if the marriage lasted more than nine years, the surviving spouse receives a share of 40 percent. |
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 Toastest with the Mostest
Posts: 5712
Location: That part 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?
Every state is different so it's hard to say without knowing where your father lives and how that would apply. Have you seen the will lately or definitely know it's still in existence and kept somewhere safe? You would be amazed at the people who know they had a will prepared but can't find it after some time. It would probably be best for him to have an attorney review his whole estate plan at this time to make sure it will do what he wants it to with everybody in mind. |
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 Hugs to You
Posts: 7550
Location: In The Land of Cotton | Red Raider - I know any will can be contested. That being said - can't you as the person who writes the will leave X an amount of a $1 - and also write in it that if they contest the will they will also loose the $1? Does it make it harder for them to get anything then?
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Toastest with the Mostest
Posts: 5712
Location: That part of Texas | 3canstorun - 2015-06-15 10:06 AM Red Raider - I know any will can be contested. That being said - can't you as the person who writes the will leave X an amount of a $1 - and also write in it that if they contest the will they will also loose the $1? Does it make it harder for them to get anything then?
I can't vouch for all states but Texas is one who has it's own form of no-contest clause and most of them time they are strongly upheld.
The problem with only leaving someone $1.00 total and saying that they will lose said dollar if a will is contested is not really much of a deterrent. If you think you have a way to get your hands on a large amount of property, $1.00 isn't going to keep you from trying.
If I have someone who knows they are going to have a highly contested estate plan, I will usually have them leave more than just a small sliver of something to make the party really think about challenging the will in that manner. Otherwise we heavily document why that person was completely cut out and if needed, I video record the client giving their own reasons so they have a way to speak from the grave on the matter.
Most wills are contested not in what was left but how things were either distributed or how a trust formed under the will is being handled. You can challenge how a Trustee is acting without challenging the provisions of the will and that is where much of the litigation in this area occurs -- not the will itself.
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 A very grounded girl
Posts: 5052
Location: Moving soon..... | My FIL does not have a Will. When he dies, his wife only gets one-half of his half and my husband and his brother get the balance due to FIL's property still being in their Mother and Dad's name. When my FIL sold part of the land, my husband and his brother had to sign papers allowing him to sell his land. I don't know if his current wife knows this, but he will not prepare a Will. |
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Location: horseback looking for cows | 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?
I hope this helps, I am a legal assistant and we specialize in Estate Planning matters.. First off, in most states Wills are not recorded until after the death the person, when the Will is admitted into probate. A Will is valid until a new will is written, signed and witnessed. Any Will can be contested but it is very costly and time consuming and most (90%) of the time the contesting party looses. I wouldn't say anything about the Will to the "new" wife. If you have any questions please don't hesitate to message me!!!!
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 Ms. Poutability
Posts: 2362
Location: In my own world | Red Raider - 2015-06-15 9:55 AM 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? Every state is different so it's hard to say without knowing where your father lives and how that would apply. Have you seen the will lately or definitely know it's still in existence and kept somewhere safe? You would be amazed at the people who know they had a will prepared but can't find it after some time. It would probably be best for him to have an attorney review his whole estate plan at this time to make sure it will do what he wants it to with everybody in mind.
We live in MO. Yes he has a will he doesn't have a copy at home but there is a copy on file with the lawyer. Yes things need to be updated but he doesn't like how the wife is wanting it updated |
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Toastest with the Mostest
Posts: 5712
Location: That part of Texas | livinonlove&horses - 2015-06-15 1:11 PM Red Raider - 2015-06-15 9:55 AM 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? Every state is different so it's hard to say without knowing where your father lives and how that would apply. Have you seen the will lately or definitely know it's still in existence and kept somewhere safe? You would be amazed at the people who know they had a will prepared but can't find it after some time. It would probably be best for him to have an attorney review his whole estate plan at this time to make sure it will do what he wants it to with everybody in mind.
At the very least, I would have your Dad make a phone call to the attorney's office to make sure they still have retained that original will from so long ago (just to double check it's existence) and possibly meet with the attorney to discuss either updating the will or not. If he doesn't want to change it, it may be a good move to basically keep the provisions the same but resign it with today's date to show that his intentions were the same post-marriage. |
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 A Somebody to Everybody
Posts: 41354
Location: Under The Big Sky Of Texas | Red Raider - 2015-06-15 1:44 PM livinonlove&horses - 2015-06-15 1:11 PM Red Raider - 2015-06-15 9:55 AM 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? Every state is different so it's hard to say without knowing where your father lives and how that would apply. Have you seen the will lately or definitely know it's still in existence and kept somewhere safe? You would be amazed at the people who know they had a will prepared but can't find it after some time. It would probably be best for him to have an attorney review his whole estate plan at this time to make sure it will do what he wants it to with everybody in mind.
Very good advice  , I would want him checking up on it too if he were my dad. |
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Location: horseback looking for cows | livinonlove&horses - 2015-06-15 1:11 PM
Red Raider - 2015-06-15 9:55 AM 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? Every state is different so it's hard to say without knowing where your father lives and how that would apply. Have you seen the will lately or definitely know it's still in existence and kept somewhere safe? You would be amazed at the people who know they had a will prepared but can't find it after some time. It would probably be best for him to have an attorney review his whole estate plan at this time to make sure it will do what he wants it to with everybody in mind. Â
Yes confirm with his attorney that the original is still in attorney's office. Our office does not keep originals of anything! So please be sure! Good luck!! Following up is a great idea!!
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Ms. Poutability
Posts: 2362
Location: In my own world | Southtxponygirl - 2015-06-15 1:48 PM Red Raider - 2015-06-15 1:44 PM livinonlove&horses - 2015-06-15 1:11 PM Red Raider - 2015-06-15 9:55 AM 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? Every state is different so it's hard to say without knowing where your father lives and how that would apply. Have you seen the will lately or definitely know it's still in existence and kept somewhere safe? You would be amazed at the people who know they had a will prepared but can't find it after some time. It would probably be best for him to have an attorney review his whole estate plan at this time to make sure it will do what he wants it to with everybody in mind.
i agree that is a good idea. if he updates the date to a current date, that could help in the case of a contesting of the will? he may have an old copy around the house somewhere. but new wife has thrown lots of stuff out. pictures of me when i was little with my mom and dad when they were together, gone. and others she just cut my mom out of |
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A Somebody to Everybody
Posts: 41354
Location: Under The Big Sky Of Texas | livinonlove&horses - 2015-06-15 2:12 PM Southtxponygirl - 2015-06-15 1:48 PM Red Raider - 2015-06-15 1:44 PM livinonlove&horses - 2015-06-15 1:11 PM Red Raider - 2015-06-15 9:55 AM 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? Every state is different so it's hard to say without knowing where your father lives and how that would apply. Have you seen the will lately or definitely know it's still in existence and kept somewhere safe? You would be amazed at the people who know they had a will prepared but can't find it after some time. It would probably be best for him to have an attorney review his whole estate plan at this time to make sure it will do what he wants it to with everybody in mind.
What the He**!!!!! Cutting up pictures to make herself feel better and throwing away, shes got a problem..... Did your mom pass away and thats why your dad remarried? I need to reread I guess, I'm so sorry but this women sounds really bitter, hugs  cause it sounds like your going to really need them when your dad does pass. |
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Toastest with the Mostest
Posts: 5712
Location: That part of Texas | livinonlove&horses - 2015-06-15 2:12 PM Southtxponygirl - 2015-06-15 1:48 PM Red Raider - 2015-06-15 1:44 PM livinonlove&horses - 2015-06-15 1:11 PM Red Raider - 2015-06-15 9:55 AM 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? Every state is different so it's hard to say without knowing where your father lives and how that would apply. Have you seen the will lately or definitely know it's still in existence and kept somewhere safe? You would be amazed at the people who know they had a will prepared but can't find it after some time. It would probably be best for him to have an attorney review his whole estate plan at this time to make sure it will do what he wants it to with everybody in mind.
No he needs the whole will rewritten with clauses probably updated and possibly an explanation of family relations and such. If I have a will that will probably be contested, those are the things I like to have added and put in there so there is no question on my client's intent and people involved.
Just updating the date will not suffice for most legal documents of that nature, especially wills. I'm not an expert in Missouri law but I would hedge a bet wills must be witnessed there and you will need that done as part of the process, even if he isn't changing the provisions that parcel out the property and other parts of the estate. |
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 Don't Need Sugar Coating
Posts: 1183
Location: AR & OK | If I was in your Dad's shoes I would take my kids and go to a real estate attorney and have all my possessions put in their name and my kids could start paying taxes on it.
I would re-write my will stating all personal possessions, naming exactly who gets what. The house is to be sold at his death to pay his funeral, bills in his name only and distributed equally with a clause stating if any of his possessions are missing and if anyone contest the will all proceeds will go to a 501c3 organization of his choice.
Trust me, your Dad has legal rights while he is alive. He knows he is married to an evil *****. He needs his power given back to him because she has abused it right out of him and he is afraid of being alone. |
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Ms. Poutability
Posts: 2362
Location: In my own world | candyloveshorses - 2015-06-15 4:07 PM If I was in your Dad's shoes I would take my kids and go to a real estate attorney and have all my possessions  put in their name and my kids could start paying taxes on it.
I would re-write my will stating all personal possessions, naming exactly who gets what.  The house is to be sold at his death to pay his funeral, bills in his name only and  distributed equally with a clause stating if any of his possessions are missing and if anyone contest the will all proceeds will go to a 501c3 organization of his choice.
Trust me, your Dad has legal rights while he is alive. Â He knows he is married to an evil *****. Â He needs his power given back to him because she has abused it right out of him and he is afraid of being alone.
 I already tried getting him to deed my part to me. I even offered to buy it take that $ and put it in an IRA so he would have it for retirement. I knew if he got the $ wife would spend it. But wife threw a fit and said I was just trying to screw her and the daughter over. Buying my own inheritance?  Yeah that's really hurting her. Part of this farm has been in my family 70 years. We want to see a Century sign put on it someday.Â
Edited to add Have you met my dad? Lol because I have heard those words out of his mouth. Afraid to be alone. I don't get it
Edited by livinonlove&horses 2015-06-15 4:14 PM
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Ms. Poutability
Posts: 2362
Location: In my own world | Red Raider - 2015-06-15 3:24 PM livinonlove&horses - 2015-06-15 2:12 PM Southtxponygirl - 2015-06-15 1:48 PM Red Raider - 2015-06-15 1:44 PM livinonlove&horses - 2015-06-15 1:11 PM Red Raider - 2015-06-15 9:55 AM 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? Every state is different so it's hard to say without knowing where your father lives and how that would apply. Have you seen the will lately or definitely know it's still in existence and kept somewhere safe? You would be amazed at the people who know they had a will prepared but can't find it after some time. It would probably be best for him to have an attorney review his whole estate plan at this time to make sure it will do what he wants it to with everybody in mind. No he needs the whole will rewritten with clauses probably updated and possibly an explanation of family relations and such. If I have a will that will probably be contested, those are the things I like to have added and put in there so there is no question on my client's intent and people involved.
Just updating the date will not suffice for most legal documents of that nature, especially wills. I'm not an expert in Missouri law but I would hedge a bet wills must be witnessed there and you will need that done as part of the process, even if he isn't changing the provisions that parcel out the property and other parts of the estate.
Thanks Red Raider |
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| candyloveshorses - 2015-06-15 4:07 PM
If I was in your Dad's shoes I would take my kids and go to a real estate attorney and have all my possessions  put in their name and my kids could start paying taxes on it.
I would re-write my will stating all personal possessions, naming exactly who gets what.  The house is to be sold at his death to pay his funeral, bills in his name only and  distributed equally with a clause stating if any of his possessions are missing and if anyone contest the will all proceeds will go to a 501c3 organization of his choice.
Trust me, your Dad has legal rights while he is alive. Â He knows he is married to an evil *****. Â He needs his power given back to him because she has abused it right out of him and he is afraid of being alone.
A will should not list anything of value or disbursing of family goods other than a few personal things to be given to certain people ... a will should only say you love the ones you love and to heck with those you don't .. and what you want done with your body .. go watch the will of Dumbledorf on one of the Harry Potter movies.. lol
Deeds to land, bank accts, CD's, farm equipment, car, truck titles all should be changed into an OR arrangement ... i.e. .. current owner OR trusted son // daughter names should be on everything ... and at the current owners demise the OR person is the automatic owner with no lawyers or court probates!!
Probate attorneys will suck the life out of any inheritance anyone is hoping for ..
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Don't Need Sugar Coating
Posts: 1183
Location: AR & OK | livinonlove&horses - 2015-06-15 4:11 PM candyloveshorses - 2015-06-15 4:07 PM If I was in your Dad's shoes I would take my kids and go to a real estate attorney and have all my possessions put in their name and my kids could start paying taxes on it.
I would re-write my will stating all personal possessions, naming exactly who gets what. The house is to be sold at his death to pay his funeral, bills in his name only and distributed equally with a clause stating if any of his possessions are missing and if anyone contest the will all proceeds will go to a 501c3 organization of his choice.
Trust me, your Dad has legal rights while he is alive. He knows he is married to an evil *****. He needs his power given back to him because she has abused it right out of him and he is afraid of being alone. I already tried getting him to deed my part to me. I even offered to buy it take that $ and put it in an IRA so he would have it for retirement. I knew if he got the $ wife would spend it. But wife threw a fit and said I was just trying to screw her and the daughter over. Buying my own inheritance? Yeah that's really hurting her. Part of this farm has been in my family 70 years. We want to see a Century sign put on it someday. Edited to add Have you met my dad? Lol because I have heard those words out of his mouth. Afraid to be alone. I don't get it
No, I do not know your Daddy (hugs)
I would get the whole family together and talk to your Dad.
Lay it all out there. He needs to hear what will happen after he is gone if he goes before her and how you want to keep the heritage together.
You have to remember... he has the legal right to will his possessions to anyone he wants. Morally it might not be right but legally it is his choice. |
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Ms. Poutability
Posts: 2362
Location: In my own world | Southtxponygirl - 2015-06-15 3:01 PM
livinonlove&horses - 2015-06-15 2:12 PM Southtxponygirl - 2015-06-15 1:48 PM Red Raider - 2015-06-15 1:44 PM livinonlove&horses - 2015-06-15 1:11 PM Red Raider - 2015-06-15 9:55 AM 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? Every state is different so it's hard to say without knowing where your father lives and how that would apply. Have you seen the will lately or definitely know it's still in existence and kept somewhere safe? You would be amazed at the people who know they had a will prepared but can't find it after some time. It would probably be best for him to have an attorney review his whole estate plan at this time to make sure it will do what he wants it to with everybody in mind. Â
No my mom is still alive. They had me when they were 18 and divorced when I was 4. Too young. Some make it but they didn't. Current wife he married when I was 18. I was going to college and working part time and my sister was 14. I left when the wife moved in. My sister and I both had dogs, dobermans and they weren't mean. But she didn't like them because step daughter was 18 months. Dad gave my sister dog to our Aunts. I said Hell No and moved out and took my dog with me. I could type for a day on all the things that has happened. She has been diagnosed bipolar. 2 suicide attempts. 911 has been to the house more than once. I let my dad borrow my car because he sold his to pay a bill and he wasn't allowed to drive "her" car so he could go to my sisters softball game. She was so ****ed she came over it my house and was yelling at me through the door. I locked it and told her to leave. Picked up the car next night and while driving it to work my tire comes off. Some of the lug nuts snapped off and the other were loose. To this day I swear she loosened them. My daughter was not allowed to spend the night at their house until she was 4 and could talk and tell me if she had a good time or if there were fights. Yes she's nuts and he keeps her for some reason |
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 Experienced Mouse Trapper
Posts: 3106
Location: North Dakota | Here's a new twist on this whole inheritance thing.....I am independent and make my own way. I DO NOT expect anything from my parents or in-laws for that matter, that is their money they've earned it! It's up to them to utitilize their possessions as they see fit-keep in mind I'm an only child! The place my folks live on has been in the family since 1904-deep roots and IMO if they have to sell it to pay their way through nursing care-fine-if I can afford to buy it I will.
I have found that life is what we make of it-if you choose to continue to pursue the will issue with the "dreadful" step mom it is going to ruin the relationship with your dad and isn't that what is important??
I sure hope that someone doesn't tell me how to distribute the things I've worked hard to acquire some day.
Honestly, I do feel bad that you are in this situation and I'm not trying to point out faults, what I'm trying to do is bring another perspective that maybe you could live with and let yourself and your dad off the hook.
People generally suck and will drain the good out of us if we let them
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