Legal Question in Wills and Trusts in Ohio

Re: Father's will

This depends upon how your father actually disposed of his estate. Did he execute a will that contains certain conditions? Did he write a trust? Was there a prenup? It's important to review the documents in order to know what to do.

Re: Father's will

Although, Wife could "spend down" the entire estate, leaving nothing to be distributed to your father's heirs.

If your father left a "life estate" to his wife, of his all or part of his resources, with provision for distribution of HIS assets at his wife's death, to his and the wife's children, then wife can be bound by those provisions of his Will.

If all or a portion of your father's assets were acquired during his marriage to your mother, then it could be argued that a portion of those assets should be allocated to your mother's children.

Suggest that you request a reading of your father's Will. And, amicably discuss with all of your Sibs and Steps, the issues or questions presented, by your father's Will. Try to anticipate and settle any disputes you may have to avoid controversy. And, consult with an attorney to obtain more clarity regarding your options.

Good luck,

Re: Father's will

Your question is a common one, and raises a serious problem which happens frequently. Unless your father and stepmother had a contract to make a will or a prenuptial agreement, there is nothing legally preventing your stepmother from changing her will now.

Second marriages with two sets of children present a special set of estate planning problems. An estate planning attorney is very important in these situations.