Legal Question in Wills and Trusts in South Dakota
Step mother changed will after our dad died.
My father married a women in 1979 who had three grown children. My father had five children. We are all educated and have good jobs, the step children are not as motivated. We all got along very well. My father bought my two step brothers each a home, bought my step sister a restaurant and a ranch. When my father first became (8/91) ill he was working in No. California. My step mother never went to help him because ''she cannot leave her pool''. My father passed away in 2/92. The will we saw stated that the step mom would receive a monthly income and then upon her death, the estate would be split between her three kids, my four brothers, and me. Very soon, she cut off all contact with us. She did a few weeks ago, and no one told us, we found out on accident. Apparently, before her death, she changed my father's will and left everything to her children. Can I fight this? I don't want the money, but her children, very lazy children, do not deserve our father's money.
Please reply asap.
2 Answers from Attorneys
Re: Step mother changed will after our dad died.
Your step mother cannot "change your father's will." When your father died was his will probated? [As his children, you should have received court papers, with a copy of his will.]
You don't say how long your father resided in California. If his property was located within that community property state, you certainly need California counsel to look into the matter.
Re: Step mother changed will after our dad died.
You probably can fight this, but the outcome will depend on the will, whether there was a trust, and the exact state of title for the remaining assets. It will also depend on where the will and property will be probated. You are welcome to call for a free consultation.
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