Is my fathers Will still valid after his death or does my mom need to have her own?

UPDATED: Feb 21, 2012

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Is my fathers Will still valid after his death or does my mom need to have her own?

My father passed away 8 months ago, leaving my mom and I executors. It states that my sister receive nothing because of personal reasons that she’s aware of. Since all this has happened my mom has been diagnosed with lung cancer and my sister has moved in to take care of her. When my mom passes and if she has a Will do we abide by her wishes or will it fall back to my father’s Will?

Asked on February 21, 2012 under Estate Planning, North Carolina


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

Answered 11 years ago | Contributor

I am so sorry for your loss and for your Mother's situation.  Your Father's estate should be closed at some point in time and it does not control what happens to the assets that transferred to your Mother.  She is in control of her own esor bequeathed tate and should she pass away with out a Will then the intestacy laws in your state will govern the distribution of her estate,  Good luck.

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