Reply to AP to “Stepmom”

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]I don't understand the expectation of inhertance.  That's a parents choice based on many factors.  If Dad remarries and is married 30-40+ years after this marriage, its not reasonable to expect her to get nothing and live in poverty.  She should inherit it all and they need to agree on how to leave the proceeds.  My sibling got both my parents to change their wills and leave them everything - or at least that's what they said (I cut them off at that point).  It is what it is.[/quote]

A spouse, at minimum, gets an elective share of 33-50% of the deceased person's estate.  You can't disinherit your spouse.  It is contrary to public policy as it shifts the responsibility to care for the living spouse from the marriage to the taxpayers.

Also, some people may not realize that some or much of a couple's apparent wealth may belong to their stepmom.  Previously married men had to divide their assets in half plus many pay child support, alimony, and kids' expenses, including possibly their college, and may not have much left over when they pass.  Sometimes, his wife is the one who saved, so the accounts are in her name and not a part of his estate. [/quote]

No, they don’t.

My son’s best friend got 100% of his dad’s estate when he died. He was married to his affair partner and second wife.

He even got his dad’s half of the house that the new wife lived in. She had to either buy him out or sell the house and split it.

She couldn’t afford the house so she sold the house and half of the proceeds, went to the son. [/quote]

Unlikely for two reasons:

Most married couples own their home as joint tenants with rights of survivorship.  House passes to spouse outside of probate.

Very few people waive an elective share in a prenup.

Either your story is fabricated, or the second wife was unintelligent and had bad legal counsel. [/quote]

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