Dad's and stepmother's Will

[Daughter926]

What is the name of your state (only U.S. law)? Massachusetts. Stepmother diagnosed with dementia and is in nursing home and dad living at home. Their will leaves everything to each other upon the others demise. What will happen if dad dies first. Stepmother does not have full mental capacity. Do her 3 children control Will? Dad has 4 children of his own.

 

[justalayman]

What is the name of your state (only U.S. law)? Massachusetts. Stepmother diagnosed with dementia and is in nursing home and dad living at home. Their will leaves everything to each other upon the others demise. What will happen if dad dies first. Stepmother does not have full mental capacity. Do her 3 children control Will? Dad has 4 children of his own.

I don't understand what you are asking I guess. It's simple; if dad dies first stepmom gets everything. Everything becomes stepmother's. Then her will will control her estate once she dies.

 

[Just Blue]

What is the name of your state (only U.S. law)? Massachusetts. Stepmother diagnosed with dementia and is in nursing home and dad living at home. Their will leaves everything to each other upon the others demise. What will happen if dad dies first. Stepmother does not have full mental capacity. Do her 3 children control Will? Dad has 4 children of his own.

You do realize you don't have a "right" to your parent(s) "stuff"?

Rather ghoulish thread...

 

[latigo]

What is the name of your state (only U.S. law)? Massachusetts. Stepmother diagnosed with dementia and is in nursing home and dad living at home. Their will leaves everything to each other upon the others demise. What will happen if dad dies first. Stepmother does not have full mental capacity. Do her 3 children control Will? Dad has 4 children of his own.

I don't see your purpose here either. But let's start sorting by you defining the word "control" as in "Do her 3 children control Will"?

Are we to take it as a concern that her children could alter her will? Destroy it and should she survive her husband then have it all pass to them (sans her stepchildren) by means of intestate succession? Or what?

Anyway, unless there is a remarkable improvement in her present mental state, she isn't about to change it, or effectively revoke it

Also, inasmuch as we are told that their wills provide that the survivor is to inherit everything, why would you need to ask what happens if dad goes first? That is, unless you think that his widow's mental condition would have some consequence, which it would not.

 

[Daughter926]

You do realize you don't have a "right" to your parent(s) "stuff"?

Rather ghoulish thread...

No I didn't realize that but thanks for enlightening me.

 

[I'mTheFather]

I'm sure I'm missing something, but I think OP wants to know who inherits from mom's will in her scenario. That is, dad dies and leaves everything to mom. Mom dies and, in her will, she left everything to dad. With dad gone, who inherits? At that point, dad is a predeceased heir. Do his kids inherit? Is the will invalid? I'm asking because I don't know either, and now I'm curious.

 

[Daughter926]

I don't see your purpose here either. But let's start sorting by you defining the word "control" as in "Do her 3 children control Will"?

Are we to take it as a concern that her children could alter her will? Destroy it and should she survive her husband then have it all pass to them (sans her stepchildren) by means of intestate succession? Or what?

Anyway, unless there is a remarkable improvement in her present mental state, she isn't about to change it, or effectively revoke it

Also, inasmuch as we are told that their wills provide that the survivor is to inherit everything, why would you need to ask what happens if dad goes first? That is, unless you think that his widow's mental condition would have some consequence, which it would not.

Thanks for your quick response.

 

[Just Blue]

No I didn't realize that but thanks for enlightening me.

You're ever so welcome.

Please love your parent without the thought of what you might "get".

 

[justalayman]

I'm sure I'm missing something, but I think OP wants to know who inherits from mom's will in her scenario. That is, dad dies and leaves everything to mom. Mom dies and, in her will, she left everything to dad. With dad gone, who inherits? At that point, dad is a predeceased heir. Do his kids inherit? Is the will invalid? I'm asking because I don't know either, and now I'm curious.

Many wills of this sort are written so that if the spouse predeceases them it is directed differently. If it hasn't been, if there is an anti-lapse statute it would distributed as written and the heirs of the father would inherit. If there is no anti-lapse statute it would go to the stepmothers heirs under intestate law.

 

[Daughter926]

You're ever so welcome.

Please love your parent without the thought of what you might "get".

I thought I was on a legal forum asking a question. You don't know who I am and I don't know you. I don't need judgement or opinion.

 

[I'mTheFather]

Many wills of this sort are written so that if the spouse predeceases them it is directed differently. If it hasn't been, if there is an anti-lapse statute it would distributed as written and the heirs of the father would inherit. If there is no anti-lapse statute it would go to the stepmothers heirs under intestate law.

Pretty much makes the case for a professionally prepared will, doesn't it?

 

[Silverplum]

Ask Dad.

...

 

[Daughter926]

Many wills of this sort are written so that if the spouse predeceases them it is directed differently. If it hasn't been, if there is an anti-lapse statute it would distributed as written and the heirs of the father would inherit. If there is no anti-lapse statute it would go to the stepmothers heirs under intestate law.

Thank you for your response. I'll take a look at the will to see if there is an anti-lapse statute provision.

 

[Just Blue]

I thought I was on a legal forum asking a question. You don't know who I am and I don't know you. I don't need judgement or opinion.

No... Thank GOD!!

 

[justalayman]

Thank you for your response. I'll take a look at the will to see if there is an anti-lapse statute provision.

The anti-lapse issue would be a statutory matter. I have not checked to determine what your state says to the matter though and it's late so i won't be tonight.