What happens in a will if my step mother acquires assets after the death of my father?

Asked over 1 year ago - Kerrville, TX

my father's will states that everything he had went to his wife and then upon her death i am to receive a third of what is left, but am not in my step mother's will. She lived 16 years after his death and has acquired assets such as inheritance. Am I entitled to a portion of what she acquired after his death since she never remarried?

Attorney answers (3)

  1. David M. Pyke

    Contributor Level 15

    5

    Lawyers agree

    Answered . Unless your father's will created a trust, when he died, the only provision that was operative was the one leaving the property to his wife. At that point, it becomes her property solely which she can give, devise or bequeath as she chooses. If your father's will created a trust which dissolves on your step-mom's death, then the assets left in that trust go to the remainder beneficiaries of the trust. What she acquired after your father died is certainly not yours unless she leaves it to you in her will. I think you should bring both wills to an attorney to review.

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  2. John Gus Zgourides

    Contributor Level 17

    4

    Lawyers agree

    Answered . In Texas, assets acquired by inheritance are typically separate property of a spouse. It also sounds as if your stepmother inherited assets after your father passed away. Both wills should be reviewed by a probate attorney to properly answer your question, but it sounds like you will not be entitled to receive anything that your stepmother inherited unless she decides to leave it to you by her will or gift it to you before she dies.

    John Zgourides
    Web: www.zgourides.com

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice.... more
  3. James P. Frederick

    Contributor Level 20

    4

    Lawyers agree

    Answered . Not at all likely. You would need to know the provisions of both Wills, among other things. The title to the assets will also matter, perhaps more than the terms of the Wills. You would likely benefit from a consultation with a probate attorney.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******... more

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