Q: My father wrote a will dividing land that wife would not sign. He name was also on the land. He died. Options?
My father found that he was dying of cancer. He had land in his name and my stepmothers. He wanted to divide land three ways. Her/me/stepbrother. She refused to sign. Do I have options? Another will was written that just gave me guns and all land went to her. Will says divided among me and stepbrother if she dies, but she never filed the will. She has now remarried. Can I act on first will? Is it worth pursuing 2nd will since property may go to new husband?
A: First you must look at the deed that was filed putting the name of your father and step mother as owners of the property to see how the deed was made out. If it was a joint tenancy deed with rights of survivorship, she would be the sole owner of the property no matter what his will stated. His will gave her the property anyway, so you would have no rights to the real property. Only the guns. Depending on which will was the last will, if the one dividing his interests between the wife and you and your brother was the last will he made, it probably revoked the other will. Then you would have an interest.
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