What is our step-mother entitled to in the event ofour father’s death?

My father lives in Florida and is going to re-marry. He has a trust that leaves his money and estate to my sister and I. Is his new wife entitled to anything when he dies. We do not trust her and feel she is looking to cash in.

Asked on November 8, 2011 under Estate Planning, New York


Sharon Siegel / Siegel & Siegel, P.C.

Answered 9 years ago | Contributor

I am a NY lawyer.  Based on your question, it sounds as if you are seeking advice from a Floirda lawyer.   In general, a spouse can't be cut out completely.   Thus, since from your post it appears that he has not yet re-married, there are things he should and could do to protect his assets.  He could create irrevocable (not revocable) trusts and fund them with the assets he intends on giving you.  He could gift to you or create a prenuptual.  He should consult a lawyer to review his options, if it something he is interested in doing and is competent to do.



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