Mom died, Stepfather to marry within 3 Months

What is the name of your state? Texas, At least that is where my mother and stepfather lived. I am curious. My mother passed away in Sept this year, was married to my step father for 35 years. She had two sons, he has two sons. Their will was discussed as being a straight 25% split for the four boys....seems simple enough....twist.....she(my mother has now passed, my stepfather is now getting married again(within 120 days of her death). Where is this going to leave me and my brother. does our stepfather have a right to throw the will that included her wishes away and now write up another one with his new wife and her dependants? This would leave my brother and myself completely out.
Next question my mother anticipated her death prior to his, what could she have put in the will to guarantee that my brother and I are taken care of**************Are there cases where a re-marriage will cause this matter to go into probate?
Need to say that I still talk to my step dad and am really concerned, worried, about this matter and having any discussion with him......I don't want him to think me a bit of a turncoat on him, however, I am sure that my mother would not go quietly into the night with out her say.....someone please help. Thank you

Are any of these children minors (not that it makes too much of a difference)?

You say the will was discussed, but what was written? Has anyone seen the will?

Not minors

All of the brothers are adults, and yes, it was my understanding that they do have a will. So it is definitely written down....now have I seen it...no.

Well obviously you have to see the will, but if all of you are adults, then none of you need "taking care of." You all are (or should be) capable of taking care of yourselves, unless someone has some catastrophic disability.

Lets say that the will says all of her estate is left to her husband. Well... you have nothing.

Takin Care of

I guess what my question is getting around to is that when my mother and step-father were married he really did not a have a pot to piss in or a window to throw it out of(she brought a house into the marriage). Since their 35 year marraige they have prospered which is fantastic and they provided us a terrific life. The "takin care of" portion that I feel entitled to is that of my children and the prosperity of my mother that should be passed on to her BLOOD relatives(she has three grandchildren). Maybe I am just sore about this but, it does not seem right that some lady(ten years junior to my stepfather) has moved right in within three weeks of mom's death, and now soon legally will have right to all of the investments, homes and assets....does any of my mom's blood relatives have any rights what so ever?

Well that right there is the problem. You feel entitled to something that isn't yours. You say it isn't his... but it is. Him and his wife built a life. It's his to do with what he pleases, if her will doesn't state otherwise.

Let's just say it wasn't your step father, but your father. Hey.. he isn't her blood relative either. Are you saying that your father shouldn't benefit from her estate?

I think there is something to this discussion. Is the last to die's family the family that should end up with all the marbles? That is poor family planning, but it is the "right" of the individuals. It is too bad that people don't plan better while they are alive, because they can sure leave a mess after they die.

does our stepfather have a right to throw the will that included her wishes away and now write up another one with his new wife and her dependants?

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If your mother had a Will, your stepfather does not have the right to disregard it. Her Will should be probated and her Estate distributed accordingly.

Your stepfather has every right to write a new Will of his own at any time and leave his Estate to whomever he pleases.

thank you to all and keep them coming

I just got off the phone with my mom's(passed away) brother, who just happens to live next door. Unfortunately, my worst fears have been confirmed. She is a gold digger and my step father will be her thrid attempt at marrying money. I will be getting in touch with an attorney in texas and we will be following laws until its resolved.

That's a good plan. Where in Texas did your mom live? I'm asking because I know of a paticularly wily golddigger in the Austin area.

las365 said:

If your mother had a Will, your stepfather does not have the right to disregard it. Her Will should be probated and her Estate distributed accordingly.

Your stepfather has every right to write a new Will of his own at any time and leave his Estate to whomever he pleases.

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Yes and no. The will CAN control distribution of Mom's seperate assets or assets that do not automatically pass to the co-owner by virtue of the form of ownership. The will also cannot distribute the spouses marital or community interest in property/assets acquired during the marriage.

So, for example, if mom's will gives away her "half" of the house, but the house was held in title as JTWROS, then the will cannot be followed as to the house. Or, if the will gives away the assets in her retirement savings, but the retirement savings, by state law must go to the spouse, then the will cannot be followed as to that account.