In regards to my dads that he has now

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In regards to my dads that he has now

My dad has a will that was done when he remarried.
It led some money to her and the rest for me
daughter on the will says if she dies all will go to me.
He wont rewrite his will. Do I have to worry about
her kids trying to get money?

Asked on September 12, 2018 under Estate Planning, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Legally, the way you describe matters, her children have no claim to the portion you get if you and she both survive him (i.e. "some money to her but the rest goes to me").
You write that "if she dies all will go to me." If that means that if she dies before he dies, then again, her children will have no claim on your inheritance.
If you mean, however, that the will says that if she dies after him--and so after she inherits--then whatever she inherited from him then goes to you, not her children, that is generally NOT enforceable unless he used a trust which will control the money. Otherwise, anything that she inherited is hers, to do with as--and leave to whomever--she pleases. If she inherits, she can spend that money, gift it to someone, and/or have her children inherit from her.


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