Will change and finding the will

What is the name of your state (only U.S. law)? New Jersey

This is about my husband.

He was raised by his mother and stepfather (they were married). 5 years ago his mom died and as far as we know she only had a life insurance policy and all proceeds went to his stepfather. A few months later his stepfather brought over a will. He said that the will had all the siblings as heirs, divided equally, but that he changed the will to have everything go to his son (my husband's half brother, the son that his mom and his stepfather had together). We were under the understanding that my husband's half brother would divide everything.

Okay, so his stepfather dies and now my husband's half-brother is talking about how he doesn't think there is a will and he doesn't know, etc. Well, he's lying. We know there is a will. His step-father had a companion for 2 years and we were told she is getting his $30,000 truck. So there's a will and the half brother is lying.

Is the first step checking with the probate court?

And does my husband have any rights at all to anything? It just seems unfair that his mother wanted all the kids to split everything (4 kids, each kid 25%) and after she dies my husband's stepfather changed the will to give everything to his own biological son and not his stepchildren that he raised from 2 years old.What is the name of your state (only U.S. law)?

Stepfather is free to dispose of his assets in his will as he wishes.

...but that he changed the will to have everything go to his son (my husband's half brother, the son that his mom and his stepfather had together). We were under the understanding that my husband's half brother would divide everything.

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Not sure why you would have that understanding when he told you that he had revised his will.

Is the first step checking with the probate court?

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Yes, check with Surrogate Court in the county in which stepfather resided.

anteater said:

Stepfather is free to dispose of his assets in his will as he wishes.


Not sure why you would have that understanding when he told you that he had revised his will.

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Because he revised his will and said he would leave everything to 'Michael' so that 'Michael' can split it up between all the siblings.

I will have to check surrogate for the will just to see what's in it.

Do stepchildren have any rights to contest a will? Or only biological children?

DawnInWV said:

Because he revised his will and said he would leave everything to 'Michael' so that 'Michael' can split it up between all the siblings.

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I doubt that will get your husband very far. It was also an amazingly dumb move by stepfather if he really wanted all the assets divided among the children and stepchildren.

Do stepchildren have any rights to contest a will? Or only biological children?

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I can't speak for New Jersey specifically. But, usually, only parties who would stand to inherit under a prior valid will or under intestacy have standing to contest.

If that is applicable in NJ, then I guess that your husband would have standing to contest due to the prior will that you mention. But what is he going to contest? There has to be some defect in the execution of the will to contest. Like a technical defect that would make the will invalid - lack of the required witnesses, forgery, etc. Or that stepfather was not legally competent to make the will. Or that he was unduly influenced by another.

anteater said:

I doubt that will get your husband very far. It was also an amazingly dumb move by stepfather if he really wanted all the assets divided among the children and stepchildren.


I can't speak for New Jersey specifically. But, usually, only parties who would stand to inherit under a prior valid will or under intestacy have standing to contest.

If that is applicable in NJ, then I guess that your husband would have standing to contest due to the prior will that you mention. But what is he going to contest? There has to be some defect in the execution of the will to contest. Like a technical defect that would make the will invalid - lack of the required witnesses, forgery, etc. Or that stepfather was not legally competent to make the will. Or that he was unduly influenced by another.

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Well he was legally competent. The will was a joint will between my husband's mother and her husband his stepfather. It stated that all children got everything divided equally, but after my husband's mother died, stepfather changed the will to give his son everything. This was clearly against the mom's wishes and I think that's why he waited till she died to change it because she wouldn't allow such a change. It's just so morally wrong but if there isn't anything legally we can do then we will have to accept that.

DawnInWV said:

...The will was a joint will between my husband's mother and her husband his stepfather....

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Ahhh... The prior will was a joint will, eh?

Your husband should at least get a consultation with a New Jersey probate attorney. State law differs and, as I said earlier, I can't speak for New Jersey on this point. But, in some states, and sometimes depending upon the wording, a joint will can create a contractual obligation preventing the survivor from revising the will. If he has a copy of the joint will, all the better.