Q: My mother has a will. I am the executor. She divided her assets equally among us 3 sisters. My mother passed in 10/24.
We were told by the crematorium (says he has been doing this for 30yrs) that my step-father, because he is the surviving spouse, everything goes to him regardless of what my mother’s Will says. My mother and step-father led completely separate financial lives and my step-father is not on any of my mom’s accounts and vice versa including the deed to the house! The crematorium employee said he only needs the death certificate to take to the bank to get my step-father added on all the accounts and that my step-father gets the house as well. This seems to be inaccurate to me.
A: He is wrong. Use the Find a Lawyer tab and consult a local probate attorney immediately. If there is a valid will, a surviving spouse has certain rights against what the will says. But you need a probate lawyer to review the will and advise you. Don't delay.
A: The crematorium employee should not practice law. Take the will to an attorney and open an estate in probate court. The surviving spouse may be entitled to some, if he chooses to take against the will, but it should all be done under court supervision.
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