Marriage or Will?

[MMT0129]

Jurisdiction

Georgia

My father was married and has been married for over 40 years to a woman who is not my mother. In the 80s he stepped out on her and began to live with and started a family with my mother. They had myself and my sister. He then went back to his wife and had a daughter with her. They remained married, but he mostly lives with my mom.

My mother and he created wills. His will states that if he dies, everything goes to my mother. And if they are both deceased, everything goes to myself and my sister.

My question is, does this will supersede his original marriage, or does his wife get everything when he dies?

 

[Zigner]

My father was married and has been married for over 40 years to a woman who is not my mother. In the 80s he stepped out on her and began to live with and started a family with my mother. They had myself and my sister. He then went back to his wife and had a daughter with her. They remained married, but he mostly lives with my mom.

My mother and he created wills. His will states that if he dies, everything goes to my mother. And if they are both deceased, everything goes to myself and my sister.

My question is, does this will supersede his original marriage, or does his wife get everything when he dies?

Your father's wife will have a right to a portion of his estate, though not "everything." He should consult with an estate planning attorney.

 

[zddoodah]

His will states that if he dies, everything goes to my mother.

If??

My question is, does this will supersede his original marriage

The concept of a "will supersed[ing] [a] marriage" doesn't make any sense.

does his wife get everything when he dies?

No.

In most states, a surviving spouse may "elect against the will" of a deceased spouse who did not provide for the surviving spouse in his/her will. Georgia apparently is an exception, but it does provide for something called a petition for Year's Support.

Why do you ask?

 

[welkin]

My mother and he created wills. His will states that if he dies, everything goes to my mother. And if they are both deceased, everything goes to myself and my sister.

Then if your father dies first, your mother inherits everything and you and your sister get nothing and his wife gets nothing unless she contests the will for herself and their daughter.

Now if your mother dies first, what does her will say about who inherits? Does your father inherit everything in which case, when he dies, you and your sister inherit what is left and may have to share that with his spouse and their daughter. But only if your mother's will leaves your father everything. Your mother's will may not leave everything to your father.

The probability of both your father and your mother dying at the same time is slim to none. So it seems to me that your father's will needs some reconsideration if he intends to leave anything to you and your sister.

Frankly, it's a mess. Your father really should see an attorney to get some estate planning that will leave to his wife, their daughter, you and your sister. and your mother what which would stand up without being contested.

 

[retic]

There may also be assets that pass outside of probate directly to the spouse. As an example, if your father has a retirement account (IRA, 401k, 403b, etc.) then unless his wife has signed off on someone else being declared the beneficiary, under ERISA she would automatically receive that account even if he declared a different beneficiary.