Stepmother passed last year does my father need new will?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Stepmother passed last year does my father need new will?
my father and stepmother each had wills stating that if surviving spouse lived more than 30 days after one or the other passed all property went to the surviving spouse. My father has lived over a year since my stepmother died.I am joint owner on all bank accounts , cd, and my name is on the house deed as well. I am the POD on one account. My 3 stepsisters are saying now that all property should be divided into 1/4 portions. Does my father need another will or I am safe with what we have done with the assets already?
Asked on August 10, 2019 under Estate Planning, Georgia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
If all property went to the surviving spouse per your stepmother's will, then everything she owned is his: her daughters have no claim to it.
If everything your father owns is owned jointly with you or is POD to you, it will all go to you on his death without the need for a will or probate.
Furthermore, stepchildren only inherit if there is a will specifically leaving assets to them, so your stepsisters have no inherent claim to anything owned by your father.
It does not appear a new will is necessary; everything from your stepmother went to your father, and everything from him should go to you.
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.