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d1b4r3

Junior Member
What is the name of your state (only U.S. law)? SC
I would like some information about how to challenge a will.
I am not in a hurry mind you but as it stands right now my mother stands to gain no rights to anything in the event of my stepfathers death.
Now I don't have a real problem with this other than the fact that there is bad blood between a few of my step brothers and my mother and if my stepfather dies before she there is the chance that they will try to put her on the street.
Any useful information will be appreciated.
 


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Dandy Don

Senior Member
What assets are in the estate, what is the estate worth, and is there such a bad relationship between husband and wife that he doesn't want to leave her anything in the will? Is she being disinherited? Have you seen the will?

She is entitled as a surviving spouse to a certain portion of the estate so she will just have to consult an attorney after her husband dies to find out whether she needs to contest it or whether she can assert her rights to claim whatever she is entitled to from the estate.
 
Indiana Filer

Indiana Filer

Senior Member
d1b4r3 said:
What is the name of your state (only U.S. law)? SC
I would like some information about how to challenge a will.
I am not in a hurry mind you but as it stands right now my mother stands to gain no rights to anything in the event of my stepfathers death.
Now I don't have a real problem with this other than the fact that there is bad blood between a few of my step brothers and my mother and if my stepfather dies before she there is the chance that they will try to put her on the street.
Any useful information will be appreciated.
Click to expand...
Why do you not feel that your stepfather has the right to leave his separate property to anyone he wishes? Perhaps he wants his separate property to go to his children, and not to his wife, or eventually to her children.
 
C

curb1

Senior Member
How long have mother and step-father been married? Have they co-mingled assets? Has mother contributed economically to the marriage? How were the assets balanced at marriage, did they both contribute equally? Or, were most of the assets from the step-father? How are the assets (house, bank accounts, brokerage accounts) titled?
 
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d1b4r3

Junior Member
Indiana Filer said:
Why do you not feel that your stepfather has the right to leave his separate property to anyone he wishes? Perhaps he wants his separate property to go to his children, and not to his wife, or eventually to her children.
Click to expand...
I don't.
That's fine, but I'm not gonna let ANYbody kick my mother out of a house she has lived in more than 20 yrs if I can help it.
 
D

d1b4r3

Junior Member
Dandy Don said:
What assets are in the estate, what is the estate worth, and is there such a bad relationship between husband and wife that he doesn't want to leave her anything in the will? Is she being disinherited? Have you seen the will?

She is entitled as a surviving spouse to a certain portion of the estate so she will just have to consult an attorney after her husband dies to find out whether she needs to contest it or whether she can assert her rights to claim whatever she is entitled to from the estate.
Click to expand...
The relationship isn't bad between my mother and him it's his kids that have a problem with her.As far as asset I'll have to get back to you. The poperty value has just went down due to the construction of a ethanol plant and the closing the road. But it is three acreas of land, several buildings, a truck, and the home.
 
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