Full question:
My father recently died. His will specified that my stepmother would inherit and upon her death it would be divided equally among the two stepchildren and my brother and me. Now my stepmother is stating her will states anything left would go to her children only. Can she do that?
- Category: Wills and Estates
- Date:
- State: South Dakota
Answer:
The ability of your stepmother to leave inherited property to her children depends on the wording of the wills involved. If your father's will granted her a life estate, she can only use the property during her lifetime, and it would pass to the designated heirs upon her death. If it simply stated that she inherits the property without restrictions, she may have the right to leave it to whomever she chooses.
Additionally, if the wills were mutual or if there was an agreement between your father and stepmother about how to distribute property, that could also be significant. It's also important to note that spouses often have certain rights to elect against a will, which might affect her inheritance rights.
Given the complexities involved, it's best to consult a local attorney who can provide guidance based on the specific details of your situation.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.