Legal Question in Wills and Trusts in North Carolina
My step-father passed away 3 years, leaving a large piece of property to his 3 adult children, and all of this other assetts to my mother. She was married to him for 20 years, which includes time that his children were dependent on him and that they all lived in the same house together. He provided for his children independently, and she did not adopt any of these children.
Since his death she has written her own will leaving education trusts for my step-father's grandchildren, but nothing for his children. They are not aware of the will's content, but are already badgering her about stealing their family's money for her own, and threatening her that this will all be resolved in court some day.
Do they have any grounds to contest her will when she passes?
1 Answer from Attorneys
I don't know if anyone answered this question and I just saw it now. Unless your stepfather created some kind of trust allowing your mother only to use the property/money during her lifetime, I don't see how it will be possible for your stefather's children to claim anything from your mother.
If your father left the money outright to your mother, she can make a will doing whatever she wants with her money and there is not a damn thing that your stepfather's biological children can do about it. Since your mother did not adopt the children of your step-father, they have no claims to any of her property and have no legal basis to contest her will.
If they keep it up, she might tell them that your father's grandchildren will get nothing and she will give it all away to charity.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
