Q: Can my new stepmother and her children inherit everything if my dad passes away.
When my mother passed away in 2010 my father had to put everything that was under her name into his name to make all of her properties his ( in Honduras and CA, USA) he just remarried this lady in honduras and petition her and her three children for their green card, she is In her late 30's and he is 68 years old. We are 8 siblings two of whom are minors 12 years and under, I take care of them six months out of the year here in AZ to my total expense. we are all concerned that if something were to happen this lady were to inherit everything even my two young siblings whom they see me as their mother.what can we do ? do we have any rights? everything my father has he made with our mother, and some my mother had before coming into marriage with our dad.
A: I believe the best answer to this question is to ask your Father if he has a will and whether he would be willing to show it to you so you can put it in a safe deposit box. However, your Father CAN will everything to this woman if he is of sound mind.
A:
You are right to be concerned. I recommend speaking with your Dad and encouraging him to meet with an attorney to prepare an estate plan that would protect his children. If your Dad dies without a will, his estate will pass according to the law of his state of residence. Many states have statutes that protect a spouse. For example, if your Dad was a resident of Arizona and died without a will, his estate would be divided equally between his new wife and his children.
In addition to preparing an estate plan, attention also needs to be given to the manner in which your Dad and his new wife hold title to their assets. Assets held in Joint Tenancy with right of survivorship will automatically pass to the surviving joint tenant despite the terms of your Dad's estate planning documents. These family issues can be difficult to discuss but have an importance that is more than the value of the estate. But your Dad is the final decision maker. He can make any provision for his estate that he deems appropriate. Or he can decide to make no provision.
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