If my father left his belongings to his widow in his Will, does she have to give or leave anythingme even though she is not my biological mother?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If my father left his belongings to his widow in his Will, does she have to give or leave anythingme even though she is not my biological mother?

Deceased father left nothing to his adult child.

Asked on October 27, 2011 under Estate Planning, Mississippi

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

First of all, children can be disinherited; they do not have an automatic right to inherit from a parent (that having been said, in some states the Will must contain certain specific language in order to disinherit a child). Accordingly, as your father's sole beneficiary, his wife will receive all assets that are passed in his Will. Any assets not part of the probate estate, such as life insurance proceeds, will pass to the named beneficiary. Additionally, jointly held property with rights of suvivorship, will pass to the other joint owner.

When your stepmother passes, she can bequeath (i.e. gift) her assets as she chooses in her Will. If she dies without a Will, her biological and/or adopted children (and spouse, if any) will inherit her estate. Bottom line, you have no rights to her estate.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption