Stepmother passed last year does my father need new will?

UPDATED: Oct 2, 2022

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Stepmother passed last year does my father need new will?

my father and stepmother each had wills stating that if surviving spouse lived more than 30 days after one or the other passed all property went to the surviving spouse. My father has lived over a year since my stepmother died.I am joint owner on all bank accounts , cd, and my name is on the house deed as well. I am the POD on one account. My 3 stepsisters are saying now that all property should be divided into 1/4 portions. Does my father need another will or I am safe with what we have done with the assets already?

Asked on August 10, 2019 under Estate Planning, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If all property went to the surviving spouse per your stepmother's will, then everything she owned is his: her daughters have no claim to it.
If everything your father owns is owned jointly with  you or is POD to you, it will all go to you on his death without the need for a will or probate. 
Furthermore, stepchildren only inherit if there is a will specifically leaving assets to them, so your stepsisters have no inherent claim to anything owned by your father.
It does not appear a new will is necessary; everything from your stepmother went to your father, and everything from him should go to you.

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