Legal Question in Wills and Trusts in Kansas

My Dad (who inherited a lot of assets from his aunt) and his wife (not my mother) have set up a will that works like this: If he dies first (which is likely given his age and health), the complete estate goes to his wife. Then, upon her death, the estate (whatever is left) is supposed to be divided among 7 adult kids (my dad's 3 kids, and her 4 kids). My question is: what prevents her from redoing her will so that she cuts my dad's kids out completely? Is she under any obligation to carry my dad's wishes through in her will?


Asked on 12/20/10, 11:25 am

1 Answer from Attorneys
Anthony Smith LawSmith

Your question raises more issues than you probably realize. If your father wants to increase teh likelihood that assets will go to his kids, then he may want to enter into a contract for recrpirocal wills with his wife. That may be enfreceable. Otherwise, your step mother may be able to alter her will and leave nothing to his children. If his will grants his wife alife estae in certian assets, that may be effective. But, a blanket everythign to mey wife then split among the kids, does nto guarntee anything will go to his kids. if he doe snto change his will, you may seek to taek against the will, (get your statutory portion) instead of wating to see if she leaves you anything. These are generalized options based upon your general question. Go in person to see a probate attorney (preferably with your father and his will) if you want an evaluation of your specific position.

Good luck

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Answered on 12/27/10, 12:21 pm


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