My fathers will

My Dad died and in Florida and his will was written in NY in 1985. The will names me and my siblings as beneficiaries. He remarried since then and never changed the will because he wanted us to receive the estate. Will we get the estate or will it go to my stepmother?

Asked on June 15, 2009 under Estate Planning, New York


J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am a lawyer in CT.  A will speaks at the time of death.  While a spouse has certain rights, she can certainly be cut out of a will.  in this case, the will will control.  You need to get the will filed in probate court and declared valid.  You should take charge as the executor of the estate and hire a lawyer to help you get you through the process of getting the will satisfied.  It doesnt really matter where the will was made.  file the will in the probate court of the state your dad passed away.  Hire a lawyer to take you thorugh the process.

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