Legal Question in Wills and Trusts in Connecticut
Our rights as step children
Our father is dieing and is concerned that we will not get our share of his estate when his wife dies. They both have 3 children. He is asking us what to do in regards to making sure that we get our share of his estate. The will he has now leaves everything to his wife and after 2 months it will be her will. He knows as well as we do that we will be left with nothing. He is afraid to change his will as he does not want any trouble but has asked me to fight for what is ours. I have asked him not to do this to me and would appreciate any advice that you can give me to help him get what his ultimate goal is. Which is to have us get what is fairly our share of his estate. Thank you for any advice you can give...
1 Answer from Attorneys
Re: Our rights as step children
1. Your father needs to have an attorney, period. I do work of that nature. Where does he live?
2. Who has (all copies of!) his last will? There is one option possible which may not require signing a new will (nor trying to make changes to the old one -- that wouldn't work!) but it also depends on how big the estate is.
Is he in Mass. or are you?
3. What does he tell you is your fair share? State law intestacy, depending on the size of the estate, gives half to the children, half to surviving spouse. Joint real estate and joint accounts go directly to the joint holder regardless of the will; insurance also (except rarely) doesn't depend upon the will. How much value does he have in each of these assets?
As you've described it, you will get nothing and have no right to get anything, no matter what your father may be saying to you now.
However, if steps are taken now while he is alive, they are 10000% more effective than anything you could do after he dies. Better hurry!
Write to me directly with answers to these questions. Give me the exact street address and city or town if there's real estate in Massachusetts, too. Talk to him again and tell him that he'll at least need to talk privately with an attorney, whether or not he wishes to make a new will, or trouble will definitely result.
When was the current will drawn (written and signed)? Where? Who has that document and who has copies of it?