My dad passed away in 2014 . He had a will and stepmom had a will both basic mirror wills . My dad actually gave me copies of both and it named me executor in both of there wills . Before my dads death he called me up very upset he lived in Florida said I’m going to my bank and changing you to beneficiary . He said stepmom and stepson are aggravating him because he wants to move in and my dad couldn’t stand him . I was like dad relax I was busy driving told him I would call him back . The next day I get a call my dad fell but he’s OK. He should be home the next day I was told by them. Had I known he was in grave condition I would’ve flown there right away. They lied to me. I called the hospital and stepmom instructor that no information is to be given out. I explained I had a healthcare proxy. At that time I got a call saying he was unconscious and not waking up . I was very suspicious also by the time I got my flight he had passed they robbed me of being able to say goodbye. When I found out he passed I collapsed I need an ambulance and never made the trip there. Their behavior got more suspicious when she called to say she was going to ship my father’s ashes me .2 weeks later
ANSWER BY MARGARET CROSS-BELIVEAU:
Unfortunately, you have run into a common problem that arises on a second marriage where the parties only have will leaving everything to each other or jointly own all the assets. The surviving person is free to do with the assets what (s)he wishes. Probate property passes under the terms of the Will. Jointly held assets are automatically inherited by the survivor, outside of probate. Once your father passed away, your step-mother is free to add her own children to the deed and bypass the will. She is also free to execute a new will, also leaving all assets to her children.
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