My father died 29 years ago, could my stepmother have just eliminated myself and my sister from our inheritance?

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My father died 29 years ago, could my stepmother have just eliminated myself and my sister from our inheritance?

His Will stated that all assets would go to my stepmother but at her death the estate would be divided between myself, my sister and her 3 children. She has since moved out of state and has quite possibly passed. I wonder if that original Will holds any weight?

Asked on April 30, 2013 under Estate Planning, California

Answers:

Nathan Wagner / Law Office of Nathan Wagner

Answered 9 years ago | Contributor

If your father's Will gives the assets to his wife outright, then his Will cannot control what she does with the assets later. On the other hand, your father's Will might have given the assets to her to be held in Trust for your benefit. Then the assets have to be passed down to you and your siblings according to the Trust. You should have a lawyer take a look at his Will to see whether it creates a Trust.

Of course, that only really matters if you think you can locate your stepmother and/or the assets.

 


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