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Estate Litigation: Blended Families and Step-Parents: What Is The Law?

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Blended Family and Estate Matters

You are in a blended family, your mother has remarried and her new husband has children from a previous relationship. Your mother passed away and her estate passes to your stepfather. A few years later, your stepfather passes away. Your stepbrother is the executor, however, you have not received a copy of the will. He is not communicating with you, as well as other family members, and you feel there’s something amiss.


Revealing Changes in the Will

The first step in the procedure is getting a copy of the will, which you are legally entitled to. This will confirm if you are named in the will or not. We will also obtain the prior wills to see that when your mother was alive, did they say that the estate passed to the surviving spouse? But when they both pass away, their estate is divided to all the children, meaning the children and stepchildren

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This way, we can prove, in this case, the stepparent has changed their will after your mother passed away. This is a major factor the court will take into account when determining your claim. 


Exploring Potential Legal Strategies

Depending on the circumstances, we can explore the possibility that the will was made under duress, or when the stepfather had diminished mental capacity to make the will, so he could not fully appreciate what he was doing. No matter what the cause of action, we will be with you from start to finish to help you achieve your desired outcome.

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Need a Copy of a Will?

If you need a copy of a Will and/or are seeking legal advice, the team at O'Connor Rudy and Garrett can assist you. We will contact you to confirm additional details and then organise contacting the required parties to secure a copy of the Will for you.