How do we prevent a step-mother of only a few months from sharing in my father’s estate?

Get Legal Help Today

 Secured with SHA-256 Encryption

How do we prevent a step-mother of only a few months from sharing in my father’s estate?

My mom was the bread-winner in our family for 40+ years, while my dad just dabbled in different money wasting ventures. Dad was having an affair 2 years ago before mom died with a woman half his age. This woman moved in the month after mom died. Dad married this woman in 8 months ago. Then dad died in 3 months ago. This woman is now entitled to a 1/3 share of the estate plus much more. She will essentially become a millionaire from only 3.5 months of marriage. Dad had a house, restaurant, and investments. Is there anything that we can do to prevent this unfairness?

Asked on April 12, 2011 under Estate Planning, North Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your loss and for the situation involved here.  But if your father did nothing to protect his assets then you may be out of luck.  But you really need to discuss this with an attorney in your area to be sure, although it sounds as if you already have and are unhappy with the advice.  I am assuming that everything was in his name and not held jointly.  Although that really does not necessarily matter you can discuss the option of fighting her on the matter with an attorney.  Remember that fighting will eat up estate assets and no one will want that, not even your step-mother.  So the threat may be enough to prompt a settlement in the best interest of the estate.  Good luck to you.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption