Who gets what in Mom’s will?

Q: My Mom and her husband of 33 years built a home during their time together. Later, he died and left everything to her. Her will stated that all of her Jewelry, clothes, antique furniture went to me. I was told that since she remarried 7 years ago that the old will is no longer any good. I was also told that the house now goes half to her new husband and half goes to me. He says that he thought it all went to him. Can you please help me?

A: Mom’s will determines who inherits from her. If she has no will when she dies, state law , the intestate succession statue, determines who inherits from her. Most likely, this will be the first $30,000.00 to the spouse and the balance of her estate to be split between her spouse and her children. If mom’s will leaves everything to you and excludes her new husband there is a statute, the election against will statute, that allows a spouse who has been excluded from the other spouses will, to claim an interest in one-third of the estate of the deceased spouse. I am not sure if your mother has passed or not but it sounds like all of you should consult with an attorney.


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