oil field trash
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It really depends on the state. Which lawyer were you talking to? Hers? Yours?
In many states only the wifes 1/2 of the community property is hers. |
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redwing_nutso
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I believe the state will get everything if there is no will. Somebody correct me if I am wrong. |
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JenniferE
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Yes, a will is contestable and public record. Frequently people either update their wills or get a trust. Depends what state you are in but looks like their will be a small court battle. |
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John Blaze
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In some States the Spouse gets all the Estate if the deceased dies without a Will which is not your case.
However, in some States the Spouse can challenge a will in some cases.
I suggest you to find out the Laws in your State and you really need to ask your Lawyer about this to be prepared for a lawsuit becasue she will try to get all the money. |
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answerman63
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Probate laws vary somewhat from state to state, but the second wife is most likely going to inherit unless he made specific provisions in the old will for the kids to get something, etc...if so, then that part of the will could be enforceable and the estate might get divided between the 2nd wife and the kids. If you're asking if the first wife gets anything, the answer is no, unless he had stated that she gets something even if they got divorced, which isn't likely. Bottom line...the second wife will probably inherit the estate. Hope this info helps. |
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o_seika
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Not true, what if he didn't want to change it, get a lawyer |
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vince19472003
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It depends which part of the world you live. In some countries the children will get something even if they are left out of the will |
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npemtiv
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I belive in most states without a will all possessions become the property of the spouse. With the will that clouds things. A judge will probably have to sort this out. Sorry. |
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wondering
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Sorry to tell you but yes pretty much. |
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muggin_girl
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yes that is true depending on the laws of where you live...but you can contest the situation because he did have a will before and can argue that he did not write a new will because he wasnt planning on leaving anything to his new wife. she would still get what they earned while together though and any assets that came from those monies...
at the very least the judge would rule in favor of the children getting persoanl effects like photos, family heirlooms etc |
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Good Question!
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His estate will be divided up per his wishes in the will. If he had no will then yes, his wife would have complete control over everything but since he has a will then it must be honored. Just because it was made before he got married doesn't make it any less of a legal document. |
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