In regards to my dads that he has now

UPDATED: Oct 1, 2022

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In regards to my dads that he has now

My dad has a will that was done when he remarried.
It led some money to her and the rest for me
daughter on the will says if she dies all will go to me.
He wont rewrite his will. Do I have to worry about
her kids trying to get money?

Asked on September 12, 2018 under Estate Planning, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Legally, the way you describe matters, her children have no claim to the portion you get if you and she both survive him (i.e. "some money to her but the rest goes to me").
You write that "if she dies all will go to me." If that means that if she dies before he dies, then again, her children will have no claim on your inheritance.
If you mean, however, that the will says that if she dies after him--and so after she inherits--then whatever she inherited from him then goes to you, not her children, that is generally NOT enforceable unless he used a trust which will control the money. Otherwise, anything that she inherited is hers, to do with as--and leave to whomever--she pleases. If she inherits, she can spend that money, gift it to someone, and/or have her children inherit from her.

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 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.

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