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?


Asked on 3/17/04, 10:15 am

1 Answer from Attorneys

C. David DuMond Law Offices of David DuMond

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.

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Answered on 3/17/04, 11:05 am


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