The problem is that i have an evil stepmother, (i'm 21 , Florida) .
My father has a medical condition that is getting worse and worse, he owns a house and money from his business.
If he dies , does her wife gets everything . I mean everything.
his wife has a 5 year old boy with my dad.
I dont want to sound like i want his money or anything like that , but i just want to know if she is going to get everything, i think she does not deserve it , i know she is just with him for his money, she knows how much he has.... ( its a long story ) . I just want it to be fair when my father dies. i wish all his money would go to donations or whatever except her getting all of it. How can i prepare for a legal battle in the future if she decides to get everything my dad has.
2007-10-12 07:59:30 · 28 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
I forgot to mention that my dad's house is on his name, investments , even the cars. The only thing that is on her name is the telephone line. ( lol )
2007-10-12 08:36:14 · update #1
I dont want to ask my dad if he should file a will, that will sound like " give me all you have ". Maybe he filed a will but i never asked for it .
2007-10-12 08:41:01 · update #2
It depends on how he has set up all his assets (I assume your father lives in Florida too). If they are in her name or both their names with a right of survivorship then it will pass on to her entirely. Anything that is set up in his name or both his and her name (not with right of survivorship) will be determined by the will.
If there is no will then those assets will be divided up 50% to the spouse and the rest to the kids. So you should look to get 25%. But the evil wife would get 50% of his half. Example: Their house is in both their names. He dies. She gets 50% of the house right off the bat. Then his 50% is split up 50% to her bringing her total to 75% and 25% each to you and the half brother. That way you'd own 12.5% of the house.
How can you protect from her taking everything? Make sure he doesn't place assets like the house, investments, etc in her name. If anything, have him place them in your name. Or you can encourage him to complete a will. If she's a money grubber and knows what she's doing you can bet she's having things placed in her name. Do what you can.
Edit: OK, everyone is giving you the wrong answer here. In the event of no will the state statutue determines who inherits. In Florida its simple. Spouse gets 50%, the rest is split up between kids. Therefore you'd get 25%. Other states I don't know but that's the law in Florida.
2007-10-12 08:14:36 · answer #1 · answered by Dean 3 · 2⤊ 2⤋
The first thing you have to do is talk to your father. I assume he knows he is dying so you have to have the discussion in a very professional manner so you do not come across as a greedy son. I am sure he also knows you do not like his wife so that makes it more difficult. If he has no will I believe her and your half brother will have first claim to everything. Then it will be up to her what she wants to do with the estate, or who the estate might go to on her death. Probably the best thing you can do is ask your father if he has a will. You can tell him you are not trying to get his money or take anything away from his new family. However, you think it would be in the best interest of everyone that he prepares a will and give instructions on the disposal of his assets since he not be here to supervise everything. In many cases like this a will will specify his estate goes to his wife, and upon her death the remaining assets will be distributed according to his directions. This is especially true when the other children (you) are adults and capable of supporting them self. My guess is that if he has been a successful businessman he already has a will, but maybe not. If you find he does not, does not intent to prepare on, and you have concerns about your interests it would be good for you to talk to a lawyer to prepare for a legal fight you might get involved in. Remember what you think does not necessarily mean a whole lot. Your father is the one who needs to make the determination of what will happen after his death.
2007-10-12 09:00:07 · answer #2 · answered by K K 5 · 1⤊ 1⤋
relies upon on if he has a will or not, if he has a will then whoever he's detailed will get carry of what he's stated. If he does not have a will it is going to rapidly bypass to his spouse. in spite of the shown fact that, if she isn't seeming to offer you any of your inheritance then you definately can constantly contest it in courtroom. do not attempt to get all of it or a million/2. Be sensible and divvy it up between you, his spouse and your doorstep siblings properly. Now, as for the abode. If she ever chooses to sell you and/or the different person baby who could have an pastime interior the valuables, in Texas anyhow, would be as a factor proprietor and could could sign off at any closings on the call. If the shares are a joint account then she has finished pastime in those. You do could keep in mind that they have got been married 14 years and he or she worked complicated for all of those issues too. Please use slightly disdain in case you talk along with her and don't ask for a number of his "funds" that basically sounds so undesirable :P
2016-10-22 04:10:08 · answer #3 · answered by gustavo 4 · 0⤊ 0⤋
If he does not have a living will, then yes, his wife is entitiled to his estate in it's entirety, but you can contest it.
When my father passed away last year, everything was left to my mother, who I love dearly, but who has managed to sell and spend about everything my father had worked so hard to have.
But I do recall being asked by the family attorney to sign something stating that I would not contest the will.
I signed it because I really had no reason not to, but I would be EXTREMELY careful when signing anything after your father passes. You may be signing off any rights you may have to any part of his estate.
Death's in a family change the family forever. Sometimes it brings them closer, sometimes it tears them apart. My family fell apart for a long time after daddy died and we are just now starting to come back to speaking terms with one another.
I pray for strength for you and your family through this very tough time. I pray if there are things that belong to your father that have a special place in your heart that your step-mom will understand that she is his wife, but he is the only real daddy you will ever have in this world and will give you those things. If not, remember, they are just things and the most important things you will every get from your dad has nothing to do with posessions. Your laugh, some of the things you do and say, the way you interpret things..... I see those things in me that are just like my dad. No one can ever take those special things from me and my dad.
God Bless you.
2007-10-12 08:30:21 · answer #4 · answered by tmb 2 · 1⤊ 1⤋
Her being evil has nothing to do with his right to assign who he wishes to be the executur of his estate and will. You cannot change a living will or one that entitles another party too inheirit everything that he owns. If there is no written will then the State will take over and do as they wish with the funds, pension, or whatever he owned before his death. At that time no one will receive anything. Any funds that are present even with a will are under the jurisdiction of the State. The funds cannot be disbursed until the State releases them to be paid. Going to Court will resolve nothing. Speak with your Father about this situation before making any decisions.
2007-10-12 08:25:10 · answer #5 · answered by Anonymous · 0⤊ 1⤋
If he doesn’t leave a will, yes, she gets everything as it is the law. You and any brother and sister will be next in equal parts.
Best thing is to talk to him and ask him to prepare a will if he doesn’t have one yet.
But don’t forget, you must pay taxes, so is good to consult a lawyer and an accountant to see what is the best option depending on what he is giving you (money, property, etc).
Is very serious and important to do this now. We all know life sucks and that eventually we are all going to die, but if your father loves you, he needs to think of your future and what he is giving to you and any other family member.
Good luck and sorry to hear that about your father.
2007-10-12 08:08:23 · answer #6 · answered by Dan D 5 · 0⤊ 2⤋
Ask your dad to write his last will. In any case, his wife was married to him and will have to take care of their child on her own, so she deserves something. Just because you don't like her, it doesn't mean she is evil.Your dad married her and had a child with her. So you should respect his feelings and his wishes.
Should you concentrate more on the last days of your dad instead?? I myself have a person in a family, which is dying any day now. It's tragic, it's painfull but the last thing anyone cares is her money. Out of respect to your dad, stop worrying about his real estate while he is still alive.
2007-10-12 08:11:09 · answer #7 · answered by terliuke 5 · 2⤊ 1⤋
I would get up with your dad and go to a good lawyer to prepare a Will. I went through a similar situation where my mom passed away unexpectedly without a Will and she had 5 kids...our lawyer said since she didnt leave a Will and everything was in her name my dad could only be entitled to half....
2007-10-12 08:05:29 · answer #8 · answered by gracey 6 · 2⤊ 1⤋
Sadly for you, if there is no will, the wife is 1st in line and would get everything. It's a shame your dad didn't think about this and put a binding will in place to help protect you but some guys get blinded by pu ssy! I would bet his new wife is much younger then your mom huh?
2007-10-12 08:08:40 · answer #9 · answered by Smooth Lyrics II 2 · 1⤊ 2⤋
yes it would go to her.
u can hire a lawyer, and fight the system. but i think that ur dad made a will, i dont think he would leave u hanging.
also this evil stepmother of urs, u have a 5 yr old brother, so does it really bother u that ur dads money go to your lil brother?
2007-10-12 08:06:43 · answer #10 · answered by Anonymous · 1⤊ 2⤋