Legal Question in Wills and Trusts in Indiana
childrens rights in wills
if a father has 3 biological children and step mother, if father dies does stepmother have complete control of the will or does the 3 biolgical children get what is left to them before the stepmother dies, or do they have to wait until the stepmother dies?
1 Answer from Attorneys
Re: childrens rights in wills
Whether or not the children of a decedent-father can take property against their stepmother depends on several factors. If the father made a will giving everything to the stepmother, then the children will get nothing. If the father made a will leaving everything to the children, but the estate is worth less than $25,000, then the children still get nothing because the stepmother is entitled to a surviving spouse allowance. Lots of lawyers, including me, will provide a free consultation, so you should get your information and documents together and make an appointment with someone. Good luck.