If my dad passed away, what, if anything will I be entitled to?

Question

My dad left my mom a few years ago for another woman. This woman is nothing but money hungry even though my dad does not see it. My dad has built an excellent business over the years from the ground up and is now very wealthy. I am worried that if he died tomorrow, that his wife would be entitled to everything. I know he has a will in place but how does it work? Wouldn't she still get everything since thats his wife? Ive already seen my mom get left with hardly anything from the divorce. Now Im worried that if he died, she and her kids would get everything that he worked his whole life for, and his real family would be screwed again. Also, Im 25 years old and out of the house as are my sisters. We work very hard just like he did and taught us. The wife and her 3 sons do nothing and are grown too. They live off of him.

Answer 1

Your answer comes in a couple of parts. First, according to probate law of this state, in order to make a valid will the testator must be of sound mind, and have the intent to make a will. If it can be shown that his wife exerted undue influence over him at the time the will was made, that could give rise to a challenge based on undue influence. Who is named as the executor of the estate? If it is his wife, there is a presumption of undue influence which would negate any bequest made to her on that basis. If he is alleged to be incompetent, then the entire document could be invalid, and the estate disposed of under rules of intestate succession.
That being said, there are also other requirements that the will must meet if it is attested to. (witnessed) There must be two witnesses, not interested parties (heirs) who must witness the
testator signing the will as well as the signature of the other witness. The exception to this rule is a holographic will, and the
only requirements for that are that the material terms of the will and the signature be in the testators own handwriting.
If you have access to an attorney, I suggest that you have that
attorney examine the document and see exactly what the terms of the will are. A person is under no obligation to leave any of his/her property to any person. He could leave his whole estate to his new family if he chose, unless as above that is the result of undue influence by one of them.
There are many ways that a will can be invalidated. If the document is destroyed in whole or in part, if the testator executes a subsequent will which is legally valid, if the will is marked revoked on each of the pages, or if the testator in some other way communicates his intent to change his will. Keep in mind that if a will is revoked or invalidated for any reason, if there is a predating document, under the Dependant Relative Revocation Doctrine the previous instrument would be restored to full legal effect.
A few words about intestate succession. Under law, a decedent who dies intestate leaves half his community property and his separate property to his surviving spouse and his issue.
That includes you and your siblings, but unfortunately not your mother unless his remarriage to your stepmother was somehow invalid. Only under those facts would you have an entitlement.
Otherwise, it may go as dictated in his will, because courts will
generally follow the testators wishes absent some clear showing of incompetence or undue influence. One example is that most
jurisdictions have statutes invalidating bequests made to churches within six months of death under the so called "Fear of Hell statutes." Good luck, I hope this helps.

Jeffrey V. j.d.
.

Answer 2

Legally, it's his money and he can do with it what he likes.

Morally, he should take care of all his children equally. However, this doesn't entitle his ex-wife (presumably your mother?) to anything. They divorced, end of obligation.

This is a new century, the day of "being taken care of" is long gone. Be responsible for your own lives, and quit worrying about what you can get out of him.

Of course, you're opinion on his new family is negative. Greed rarely find anything redeemable about competition.

I'm sorry if you don't like what I have to say, but I have seen too many greedy family members fight over the deceased's wealth & belongings. It sickens me to no end.

The loss of a loved one is painful enough without all the in-fighting.

Answer 3

OMG is your dad sick? You need to talk to your dad about this, so you will understand his wishes. If he has a will I believe it goes by that if not she gets every thing. It is kind of sad that your dad is alive and you are worried about what you will get. How often do you see your dad? Spend alot of quality time with him? Or are you just living your life and hoping to get a good pay off when he goes. I lost my parents before I was 30 and would just like to have them back I did not care about who got what. I miss them alot. They were sick and I move them in with me and they passed away in my home, the thought of money never entered my mind.

Answer 4

That's his choice. Sad, but true. Maybe you should think about becoming a part of his life again, instead of what he can offer you when he dies.

Answer 5

the will has your answers, plus a good attorney. Which it sounds like you will need one. These people will fight to keep up the lazy lifestyle.

Answer 6

Does your father's will includes you as a beneficiary? That is the best way to get what is rightfully yours.

Answer 7

it all depends on what he says in the will,you can contest it though.

research findlaw for laws in your state dealing with it.

Answer 8

it all depends on what he put in his will !!!! you could get lots or you could get nothing ?? the woman he is with now has no say in it !!!

Answer 9

Why aren't you asking your father about this????