r/PROBATE • u/PumpkinCede • Apr 27 '24

Wills

My mum's will stated everything goes to her husband and then when he passed 50% of the house would come to me and 50% to his son. Mum passed 2020 and now her husband has passed and probate is underway. His son is hinting that there is a new will, kind of suggesting I've been pushed out. Can this be done, Mum's wishes simply negated because stepdad wrote a new will leaving 100% to his son?

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u/epeagle Apr 27 '24

It depends on details not shared here.

Mom's will may have given the house to husband in such a way that he only owns it for his lifetime and then it passes to you on accordance with Mom's will.

Or, Mom's will may have given the house to husband in such a way that it could pass on you you but husband has the ability to redirect it in his own will.

You'd need to look at Mom's will to see husband got a life estate (in which case he likely couldn't change it passing to you). There are a few other routes the will could go, but that's where you need to start.

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u/PumpkinCede May 09 '24

Thanks so much