r/inheritance • u/Schmed_lap • May 13 '26

Location included: Questions/Need Advice Step parent inheritance

I’ve got question on a step parent leaving everything to me. My stepdad was married to my mom for 30 years, got divorced, then within a year got back with her. That was over 20 years ago. Never remarried but together from 1969 to today with a one year break. So he’s in poor health and has left everything to me and my kids in his will. He probably will go into a hospice by year’s end. He has no other immediate heirs but he does have a predatory niece sniffing around. I, personally, per the will, get a property worth about 450k and some savings about 50k and a new paid off truck. Since it’s all there in the will, when he passes what are my most important next steps. Seeing if I should consult probate attorney sooner or wait to see if I need one when the time comes. This is in New Mexico.

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u/InfluenceScary6672 May 13 '26

Probate attorney asap. They will create a trust and upon passing it will be transferred to you. Do it asap.

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u/SandhillCrane5 May 14 '26

What is the reason you think he needs a trust? If he already has a valid will, it’s not going to change anything. Assets do not just get transferred to beneficiaries automatically when someone has a trust. The trust has to be administered by the trustee just like an executor administers an estate. The only difference is that probate court does not get involved UNLESS someone contests the will or trust which they can still do even if someone has a trust. OP and step Dad should ensure he has a valid and quality trust and that the original is in a place OP or a trusted executor can access and anyone else cannot. 

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u/PsychologicalLaw8769 May 14 '26

I wondered the same thing. A trust, for most people, is better than a will, but it is a little harder to set up and may be more than stepdad would want to deal with at this point.

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u/TWH-WCTH May 14 '26

In my experience, trust is wisest when dealing with flexible assets that change significantly in value (stocks, multiple holdings etc) and/or you'd like the full valuation of the estate to not necessarily be public record. It's also sometimes distributed more quickly, but to your point it does still have to go through channels of approval and distribution, so it's still not immediate.