Where do the stepchildren stand?

[pedeetribe]

What is the name of your state? sc

This post is for my dear friend. Her husband has 2 children by previous marriage and she has one. His children are rarely seen visiting even when their father was very ill. The distance of travel to his home from their home, 1 hour @ most. According to Jan, they are never invited to any functions or dinners at his childrens homes. So with that said he and his wife have a will. Unfortunately for her, her will reads the same as his. When he dies she gets everything, if she dies everything is sold, divided equally among the children. Or if both dies together everything will be sold and split equally amoung the children.

Well, the wife wants her will changed. Can she change her will to omit his children before her husband is deceased or should she change it before he is deceased. Who knows which will die first.

That is what she wants. None of his children have ever been a part of their lives, even when their father was seriously ill . The wife's daughter lives close and even calls her stepfather Dad and has a close relationship with him. To our knowledge she worked her way through school, married and has never ask her stepfather for anything. Can the stepchildren come in and sue for any share of what the husband & wife have accumulated over 37 years? Can they contest the will if they are left out? What to do is the question.

 

[seniorjudge]

What is the name of your state? sc

This post is for my dear friend. Her husband has 2 children by previous marriage and she has one. His children are rarely seen visiting even when their father was very ill. The distance of travel to his home from their home, 1 hour @ most. According to Jan, they are never invited to any functions or dinners at his childrens homes. So with that said he and his wife have a will. Unfortunately for her, her will reads the same as his. When he dies she gets everything, if she dies everything is sold, divided equally among the children. Or if both dies together everything will be sold and split equally amoung the children.

Well, the wife wants her will changed. Can she change her will to omit his children before her husband is deceased or should she change it before he is deceased. Who knows which will die first.

That is what she wants. None of his children have ever been a part of their lives, even when their father was seriously ill . The wife's daughter lives close and even calls her stepfather Dad and has a close relationship with him. To our knowledge she worked her way through school, married and has never ask her stepfather for anything. Can the stepchildren come in and sue for any share of what the husband & wife have accumulated over 37 years? Can they contest the will if they are left out? What to do is the question.

Q: Can she change her will to omit his children before her husband is deceased?

A: Yes.


Q: Can the stepchildren come in and sue for any share of what the husband & wife have accumulated over 37 years? Can they contest the will if they are left out?

A: Yes; any one can sue any one for any reason at any time. This is America!

 

[Dandy Don]

Yes, the stepchildren have the right to sue but that doesn't mean that they can afford the legal expense of attorney fees to do so.

She needs to have a probate attorney review her will so that she can put the exact language in there that disinherits the children by leaving them only a nominal amount (such as $5.00) and she has to also mention the reason she is disinheriting them.

But to be fair, if she doesn't care about HIS children, she should at least advise her husband to be kind enough to leave his children something in his will, and she should not be greedy enough to want EVERYTHING of his.