Legal Question in Wills and Trusts in Minnesota
Father getting remarried, questions on inheritence
My did is getting remarried to a woman he just met last year. She has 3 children and my dad has 4. My dad has 103 farm acres and also a cabin and I am worried if my dad passes away, will his new wife and her kids get everything and we get nothing? My dad has a Will that currently says that all his property goes to us (his children), is this enough or does my dad need a prenup? Or, is this Will void because everything automatically goes to his new wife?
1 Answer from Attorneys
Re: Father getting remarried, questions on inheritence
Yes, your Dad needs a prenup.
The new spouse could challenge the old will. My understanding is that the old will would not exactly be invalidated, but you could not entirely rely on it any more - because the new wife would have rights to claim certain things regardless of the will.
This of course is your Dad's business, and there may be little you can do. He has a right to some happiness. In my opinion, however, a lawyer could help safeguard his happiness.
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