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USC Virginia · Mar 28, 2007, 01:37 PM

My dad has 4 daughters. 2 are from a prior relationship (me and my sister) and two are from his current wife, my stepmom.

My dad is 16 years older than my stepmom and I feel that he might die before her. If he passes away, does my stepmom get the house? What about me and my sister (her step-daughters?).

My concern is that if he dies first, my stepmom might decide to leave the house just to her two biological daughters and nothing to my sister and me.

What rights do my sister and I have? The house is in California. Once my dad passes, how is the house divided up? Does she get 100% or just half and the other half to his 4 daughters?

Can he write a will specifying that his 4 daughters each get 20% of the house and my stepmom the other 20% (that makes 100%) or would it be better if his will specifies 50% to my stepmom and 25% to me and 25% to my sister. My stepmom would then take care of giving her 50% to her two daughters once she passes.

What are my options. Like I said, he is much older and I do not want my sister and I to be left out if he dies because he is the one that has been paying for the house all this years.

Your helps, comments, suggestions will be appreciated. Thanks

shygrneyzs · Mar 28, 2007, 02:06 PM

Whatever is in your Dad's will, will be what happens, as far as income, property, assets, etc. If he does not have a will - his wife gets it. So it would behoove your Father to make some plans and have it all written and notarized and legal. For is there is something he does want you and your sister to have, and it is not specified, it is not likely to happen.

Been through those shoes with my Father and my step-mother.

Cvillecpm · Mar 29, 2007, 05:51 PM

Dad needs a will...

Fr_Chuck · Mar 29, 2007, 06:47 PM

Yes he needs a will, often instead of giving percent ownership at his death, they create a life estate for the wife, who gets to live in the house till her death, and then at her death the estate is divided according to the will as set up in a trust.

But the dad can do as he wants, but they should get an attorney.

But then for years the new wife is helping make the home, and helping on the house, so many may believe she has just as much right to inherit the entire house also, and is also your dads choice in the will.

He should consider life insurance to leave an estate for all the children, it is sad to see family fighting over property at a death

giJ · Apr 1, 2007, 05:11 PM

How is the house owned now? If it's joint with rights of survivorship (common among married couples), the house will be 100% hers as soon as it dies. It will not be part of his estate.

If your father wants something to be left to you and your sister -- and he has other assets -- he needs a will to ensure this happens.