Is there any way my father can protect his money from my stepbrother?

Question

My dad had a son in his previous marriage, and the relations between us and my stepbrother are not good. My dad is worried that when he and my mom pass, that my stepbrother will try to come after the money he leaves for us. My dad wants to give me and my sibling all the money, but we're worried that my stepbroter will try to get a share of it. My dad wants to know if there's any way he can protect against this. Do you know of any ways? thanks

Answer 1

Have an attorney draw up a living trust - which is like a will but it is non negotiable and cannot be fought. Wills can be fought.

Answer 2

Generally, a testator can leave his/her property to whomever they wish. But, the probate codes of many states, California
included, provide that any surviving issue of the decedent can be
potential claimants against the estate. Others not even issue
can make claims, as in Hamer v. Sidway in which the nephew of
the deceased brought a claim against the estate to enforce a
promise made by the uncle to the nephew many years previously.
Heres what you can do. The simplest thing is to expressly
disinherit the stepbrother in your Dad's will. I mean you could draw up trusts, and inter vivos trusts, and a number of other
things that other people answering have talked about, but the
problem is, there are a lot of rules governing how these documents are written, the material they must contain, when and where to file them, and so on. The risk that you run is that if the
document were found to be invalid for any reason, unless your
Dad had an existing, legally valid will at the time of his death, he
would be considered intestate, and his estate would be divided according to the law of intestate succession, and by rule of law
your stepbrother would receive the same share of the estate as
you and your sibling. A further problem is that a state appointed
executor would be appointed for the estate, and that is a situation best avoided.
Another thing that can be done is an inter vivos gift, which differs from a trust in that a gift is simply that. Given with donative
intent, actual or symbolic delivery, and acceptance by the recipient, and you are good to go.
In conclusion, the only challenges that generally can be brought against a will are undue influence (someone forced him toto write the will) lack of testamentary capacity or intent (he didnt have the ability or the intent to write a will) and general lack
of competence, which would mean that he didnt understand what he was doing.
I hope this has been helpful.

Answer 3

Yes he can indeed. He must devise a will with his attorney as soon as possible! In the will he needs to state not only who gets what, but also that the other sibling gets nothing, to make his intent absolutely clear. I urge your father to get an attorney and devise a proper will. It doesn't cost much at all. Do NOT do one of those "do it yourself" wills. Get one done by an attorney! Generally speaking, your brother has only some rights to the property IF your father dies intestate; without a will. Otherwise, he has none.

Answer 4

if you mom and dad make a will and name names of who is left
money and property then the will can not be broken
step brother can try ..it is best if your dad leave him something
that way he has to sign a paper to get what is left to him
be it a book something else
and majority will rule if every body else agrees with the will but not stepbrother then he will be left behind
good luck
i was the step child that tried to break the will of my dad
and if you are not left anything you can not break the will
[ Ohio ]

Answer 5

A living will is one way. He could specificially state that only you and your sibling recieve the money. Once they are gone and the step brother tries to go to court to get money, they won't be able to because a liviing will is legally binding.

He could also set up a trust fund for you and your sibling to be paid when they are gone.

The law differs from state to state, so have your father check out the current laws for his area.

Answer 6

Sure he can, in his will the law mandates that he has to leave his wife and son something of monetary value, when my father in law died his will read that his wife was to receive the old trailer that she was living in which was falling apart and one dollar. The lawyer said that all he had to do was name her and give her the buck but he did not want the kids to have to pay the lot rent on the junk mobile so he gave her that too and said that he was leaving her the home that she had chosen to live in so she could not lay clam to his other 7 houses. It teed her off but there was nothing that she could do.

Answer 7

Your dad should write a will for the disposition of the properties. The will must be complete and the requirements must be observed so that it cannot be invalidated in court.

Answer 8

a living will, or a trust.
look for the software on ebay to write one or the other.
make a few copies, then have them notorized.
keep them in a safe place.
file a copy with your local circuit clerk.

Answer 9

legally he CAN keep him from getting a dime but if you ask me he is still your fathers son and I would think he is just as entitled to it as anybody is.

Answer 10

have him put it into a bank account with his name and your name on it or you and your moms when she passes.That money will then be yours.Property is a different issue.