So, if a step-mom and her husband draw up an iron-clad will, can the children contest it and win?
I have been taking care if my sick husband for a year and it has come to me that three of his four children hate me and don’t want me to receive any property when he passes away. They haven’t done a thing to help and they never visit him even when he is in the hospital but they constantly criticise me and act as though I don’t do anything. Needless to say, it is a very bad situation. Please advise…
My advice is don’t take advice on this from a message board. You need a lawyer.
In a situation like this, the only possible advice that one can legitimately get from a message board is to see a lawer practicing in trusts and estates law in your jurisdiction.
It is likely that a highly defensible will giving all assets to a spouse can be crafted, particularly if the ill testator is in full mental command, but you need a local lawyer, particularly one with experience in the area, to draft it and superintend its execution for it to be as defensible as possible.
Just as a general matter, most states have a provision that spouses have an “elective share” (or equivalent) allowing them to obtain a specified share of their spouse’s estate (unless such share is properly waived before or after death). However, I am unaware of any state which gives children a right to participate in a parent’s estate as a matter of law. Nonetheless, there may be situations, particularly if it was spelled out in a divorce settlement or other agreement, where they may have a contractual claim to part of the estate. Once more, you need to speak to a local lawyer, who must be informed of all relevant facts.
Good luck.
My memory from family law is that Louisiana gives children a right to participate in a parent’s estate under some circumstances. However, I am not a Louisiana lawyer and I haven’t looked it up, so you should treat this recollection as totally anecdotal.
NWW, you need a lawyer, yesterday.
Another vote for “get a lawyer,” specifically an estate planning lawyer, preferably one who practices in your county. (FWIW, the mods don’t let legal advice be dispensed here anyway.) Ask around. One of your friends (or one of your husband’s friends) probably has used someone with whom they were satisfied. The bar association could give you referrals, but a personal introduction is better. Feel free to interview a few. This is a relationship. You want someone with whom you feel comfortable, as well as someone who knows what s/he is doing.
An important question to ask the lawyer is whether your husband would be better off using a will or a living trust. I’m not going to explain. I’ll let the lawyer do that. But it’s an important question.