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Also be aware that what regardless of what a will says, a long lingering illness can wipe out even substantial estates. And fifty-percent of very little is very little indeed.
There are some jurisdictions - Scotland springs to mind - where marriage automatically invalidates existing wills; many more where divorce does. I of course don't know, but I wouldn't be at all surprised, if the rules vary from state to state in America; so the best first step is check what they are in yours.
It seems that your parents had what are sometimes called "mirror wills" - one leaving everything to the other. Now while it is true that your father can leave his estate to whomever he likes, do you happen to remember what the terms of your mother's will were, if you ever saw it? Because it's not impossible that they left a 'life interest' to one another with the stipulation that children or grandchildren would inherit on the decease of the second parent, which would constrain what the surviving spouse could do with the assets.
Have you talked to your father at all about this subject? On one level it's absolutely none of your business, true; but at the same time it's perfectly natural to want to know where you stand, especially if the expectations might be substantial and/or significant to your future security.
As he and his wife - and may it long continue - have been married for more than a decade I'm wondering what has made you worry about this now. Has there been a falling out, or illness, or what's happened?
If he leaves everything to his wife, and she leaves everything to him, then whichever of them lives longer can pass the estate on to their biological children only, if they wish.
This is the situation for my second husband and me. He died first, leaving me everything (which was nothing, actually, not even a life insurance policy, because he had a very expensive illness). I am now free to leave everything to my two sons, leaving my three stepdaughters out entirely.
I'm free to, but I won't. We've always told our kids that 1) anything left would be divided 5 ways and 2) there would not be much left, so don't worry about it or count on it.
MrsAnn, what is your specific concern? Is there a large estate? Are you on poor terms with your father's wife? If Dad dies first, is she apt to cut you out of her will?
What does your dad own that isn't owned jointly with his wife already?
Your dad can do as he pleases. I know this seems awful, but it's true. He may likely leave everything to the "new" wife. Are you on good terms with dad? Just go talk to him. If there are things of your mother's that you would like, let him know. Hopefully his wife would be caring enough to not short the children of a previous union. A person can leave their estate to anyone they like. ANYONE. And you don't have a ton of recourse if the will is made when someone is of sound mind. My FIL and MIL divorced 14 years before FIL died. MIL "thought" she was to inherit a piece of rental property, but she didn't. In fact, it was sold a few weeks after FIL's death. When she coyly inquired (A YEAR!! after dad died) about how she was to go about selling it, my hubby looked at her and said "Mother, you now are collecting 100% of dad's pension, you got to keep the house, the cars, and you gave him one old recliner and a card table when you kicked him out. The rental you signed away at the time of the divorce." She was embarrassed and angry. BUT, even though she got a lawyer involved, the will stood. My advice--just go talk to your dad, don't sneak around behind his back.
I'd get a legal opinion. I'd inquire about old Will. If that's it, then, I'd ask about the laws in your state. Some states say that you can't legally disinherit a spouse. So, regardless of the Will, if the surviving spouse insists, they are entitled to a minimum of assets, under the law. An Estate attorney should be able to advise.
It's important to update one's Will every now and then because State laws do change. Chances are your Dad and his current wife of 11 years probably got new Wills. Or maybe your Dad will use his old Will.
Are you worried that your Dad would leave everything to his current wife? I know that is a common concern with a previous marriage where there were children born of that union.
Your mother and father would have had their own separate wills. When your mother passed, she most likely left everything to your father. Your father can keep the old will or he can change it. It will be up to him. If he did not change the will, the old will should still be in effect. This will would not include assets of the marriage to his second wife (what they earned and purchased together).
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
It seems that your parents had what are sometimes called "mirror wills" - one leaving everything to the other. Now while it is true that your father can leave his estate to whomever he likes, do you happen to remember what the terms of your mother's will were, if you ever saw it? Because it's not impossible that they left a 'life interest' to one another with the stipulation that children or grandchildren would inherit on the decease of the second parent, which would constrain what the surviving spouse could do with the assets.
Have you talked to your father at all about this subject? On one level it's absolutely none of your business, true; but at the same time it's perfectly natural to want to know where you stand, especially if the expectations might be substantial and/or significant to your future security.
As he and his wife - and may it long continue - have been married for more than a decade I'm wondering what has made you worry about this now. Has there been a falling out, or illness, or what's happened?
If he leaves everything to his wife, and she leaves everything to him, then whichever of them lives longer can pass the estate on to their biological children only, if they wish.
This is the situation for my second husband and me. He died first, leaving me everything (which was nothing, actually, not even a life insurance policy, because he had a very expensive illness). I am now free to leave everything to my two sons, leaving my three stepdaughters out entirely.
I'm free to, but I won't. We've always told our kids that 1) anything left would be divided 5 ways and 2) there would not be much left, so don't worry about it or count on it.
MrsAnn, what is your specific concern? Is there a large estate? Are you on poor terms with your father's wife? If Dad dies first, is she apt to cut you out of her will?
What does your dad own that isn't owned jointly with his wife already?
A person can leave their estate to anyone they like. ANYONE. And you don't have a ton of recourse if the will is made when someone is of sound mind. My FIL and MIL divorced 14 years before FIL died. MIL "thought" she was to inherit a piece of rental property, but she didn't. In fact, it was sold a few weeks after FIL's death. When she coyly inquired (A YEAR!! after dad died) about how she was to go about selling it, my hubby looked at her and said "Mother, you now are collecting 100% of dad's pension, you got to keep the house, the cars, and you gave him one old recliner and a card table when you kicked him out. The rental you signed away at the time of the divorce." She was embarrassed and angry. BUT, even though she got a lawyer involved, the will stood.
My advice--just go talk to your dad, don't sneak around behind his back.
Are you worried that your Dad would leave everything to his current wife? I know that is a common concern with a previous marriage where there were children born of that union.