What are the rights of the children when a father remarries? 4 Answers as of March 05, 2012

Our Dad remarried 18 years ago, after divorcing our Mother. Our Dad has cancer and may only have weeks to live. We do not know for sure if he has a Will. My brother says he does. Dad's wife seems to think she is getting everything, the 60 acre farm, the double wide trailer, cars, tractors, antiques, etc.What rights do we have? Our Dad has been especially cruel & abusive toward me, because I am a woman. He has also been cruel to my son, especially when he was a boy. Could the abuse be used as leverage? I would like to see the estate divided in thirds. Is that possible?

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Martin Barnes - Attorney at Law
Martin Barnes - Attorney at Law | Martin Barnes
It is important to know whether or not your father died leaving a will; and knowing the language of the will. I encourage you to seek the advice of an attorney.
Answer Applies to: Indiana
Replied: 3/5/2012
Indianapolis Bankruptcy Law Office of Eric C. Lewis
Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
The will, will control disposition of property. If there is no will, laws of the state controls.
Answer Applies to: Indiana
Replied: 2/9/2012
Broad Law Firm, LLC
Broad Law Firm, LLC | Donald K. Broad
If your Dad has a will, and the will is validly executed (in other words he was mentally competent and under no undue influence when he executed it, whatever it says will control. If the will is proper and leave everything to his wife, then it will all go to his wife, unless you can successfully challenge the will. I really don't think the alleged abuse will make much difference.
Answer Applies to: Indiana
Replied: 2/17/2012
Bernard Huff, Attorney/Mediator
Bernard Huff, Attorney/Mediator | Bernard Huff
You should consult with an estate or probate lawyer for specific legal advice regarding your dad's assets and the State's inheritance laws.
Answer Applies to: Indiana
Replied: 2/9/2012
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