my son's father passed away last month. Im sure he left my son something in his Will.....is there anyway the stepmother could change the will leaving my son out of it?
Forgery is always possible. Or stepmother could have persuaded father to change his will. If he were mentally competent at the time of such a change, then it could be valid. If the father had an estate that requires probate to distribute any assets, then stepmother would have to submit the will to the probate court and notify all of the father's next of kin, which would include his son. That would be the opportunity to examine the will and determined if it is valid, or if there were recent changes, was father mentally competent. Your son could consult with a probate attorney that he can find here on Avvo at the Find a Lawyer tab.
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If the Will is properly executed then she cannot change its terms. Remember that it needs to be probated.
You should be aware that a will only controls the assets that are solely in the deceased's name.
If your x-spouse had all of his assets held in joint tenancy with his spouse, all of his assets would go to his widow.
(The will does not have any control over jointly owned assets.)
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