Father is divorced-How is the estate divide up with his children.

[deltadart1]

I just went through probate and everything has been taken care of. It was just my sister and I and my parents were not divorced. My wife who's parents did divorce 30 years ago needs some advice. She has 2 sisters and 1 brother. Fathers wife had 3 children from her first marriage. Just in the past 6 months his health has been going downhill. When it comes to a situation like this how just exactly how is the estate divided up?

My wife would like to sit down with her dad and simply ask the questions that she would like answered. In my situation my parents(about 5 years before my dad died 8 years ago)had a talk with me. They told me where everything(money,CD's,annuitys)was and they also permitted me to be able to write checks if something should happen to both of them but they also each had a will so in my parents situation everything went pretty smooth. Now I would assume my wife's father has a will and in that will all the details should be covered. So what would be your advice? Thank You.

 

[Silverplum]

I just went through probate and everything has been taken care of. It was just my sister and I and my parents were not divorced. My wife who's parents did divorce 30 years ago needs some advice. She has 2 sisters and 1 brother. Fathers wife had 3 children from her first marriage. Just in the past 6 months his health has been going downhill. When it comes to a situation like this how just exactly how is the estate divided up?

My wife would like to sit down with her dad and simply ask the questions that she would like answered. In my situation my parents(about 5 years before my dad died 8 years ago)had a talk with me. They told me where everything(money,CD's,annuitys)was and they also permitted me to be able to write checks if something should happen to both of them but they also each had a will so in my parents situation everything went pretty smooth. Now I would assume my wife's father has a will and in that will all the details should be covered. So what would be your advice? Thank You.

Look up the laws of probate in the unnamed US State in which your wife's father lives.

Better yet, tell your wife to go ahead and ask her father whatever questions she has.

 

[curb1]

Make sure your father's intent (in his will) is worded correctly. Often what happens is that father will give everything to wife and then wants wife to have assets distributed when she dies. This is often a BIG mistake because so many things can change after father dies. Often the children of the remaining spouse end up with everything and leaving the children of the first-to-die spouse with nothing.

Best scenario is that father's assets are distributed to his children when he dies, if that is his intention.