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BMR0330

Validity of Will Created Before Current Marriage

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My mother asked me to be the executor on her estate. She has a Will that was created about 25 years ago, prior to her current marriage that took place in 1996. The house was paid off prior to this marriage and she would like it to go to her kids when she passes but she is concerned that if she goes first then my step father may bequeath everything to his kids. We would certainly want him to live in the house for as long as he lives but what becomes of the property that was hers prior to their marriage? The attorney she originally created the Will with is no longer in business so she doesn't even have the original Will, just a copy. Does she have any say on where her assets go and is it even possible for me to be an executor on her estate if she passes before my step dad? Thank you.

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5 hours ago, BMR0330 said:

The house was paid off prior to this marriage and she would like it to go to her kids when she passes but she is concerned that if she goes first then my step father may bequeath everything to his kids.

 

Then she should consult with a local estate planning attorney to make sure her wishes are followed to the extent permitted by law.

 

 

5 hours ago, BMR0330 said:

We would certainly want him to live in the house for as long as he lives but what becomes of the property that was hers prior to their marriage?

 

Well...you told us your mother has a will, but you didn't tell us anything about what the will says, so we have no way of knowing.

 

 

5 hours ago, BMR0330 said:

Does she have any say on where her assets go and is it even possible for me to be an executor on her estate if she passes before my step dad?

 

Yes and yes.

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