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Re-marraige....Changes to Will

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hopeh71

Guest
What is the name of your state? Florida

my father passed away in 2001. The will drawn up includes my half-brother(same father), my son(who has Down Syndrome 10 years old)and myself. When my parents did the will, my father wanted to make sure my son would be taken care of, and it is divided between the 3 of us, with myself and son recieving a bit more....my parents wanted it since I am their biological child together....well enough of the backgroun..lol.
This past sept. my mother re-married. She did not do a pre-nup, which I encourage..because her husband has his own funeral business, and I felt that not only should my brother and I feel protected, but his daughter should as well. My mother said they had "something written up"(had notorized) that states that if something happens to her, we would give her husband a year before moving out of the house...oh the house was built by my parents and paid off. I know she needs to re-do her will stating her now married name....when she does that, does everything else stay the same? Is there any chance that the estate would ever go to him? Would what she has be considered premarital assesets? My fear is this.....say my mother passes(even 20 year from now) her husband, in his age, is not able to make decisions and his daughter is his durable power of attorney. Then he dies, and she gets a stick up her...you know what...and my brother, son and I are out of the loop and she gains everything my parents worked for? It makes me and my bro nervous because there are so many personal items that we would never want to go inot someone elses hands. Any advice would be great...thanks
 


curb1

Senior Member
I have seen the scenario you describe many times. There are family fueds you wouldn't believe. Good luck.
 

divgradcurl

Senior Member
If your mom has a new will drawn up, and makes sure that either you have it or know where to find it when she passes, then there shouldn't be an issue. If your mom dies WITHOUT a will, especially if a considerable amount of time has passed (like 20 years), then it is certainly possible that the new spouse could end up with the lion's share of her estate.

Estate planning is not something that should wait until the last minute.
 

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