[Nov1126]

My dad and my stepmom each have wills that leave everything to the other if one was to pass away. Well, now that my daddy is dying, I have found out that my stepmom plans to write me and my brother (his only two biological children) out of her will after he passes. She has two daughters of her own that will get everything that MY dad worked his whole life for. What options do I have?

[cdad]

You have no options. The only thing that may protect you is the law. What state is this happening in? Some states provide for the natural children if written out of a will.

[ScottGem]

Or you convince dad to change his will

[Fr_Chuck]

First it is your dads money, not yours, and how long has he and his wife been married ? Is there a reason she should not get all of it.

And after his death, your step mom is free to do what she wants with what is now HER money.

If she died first, it would have worked the other way

[Nov1126]

This is in NC. And this is not so much about the money as it is about a house that has been in our family for generations and the fact that my dad would not want this to happen. It is possible that he had a chance to change his will, I am trying to prepare for if he did not.

[kcomissiong]

Nov1126, I am sorry for the situation, but if your dad didn't want your stepmother to have the house, he wouldn't have specifically given it to her. It may be time to have a talk with him and find out what his desires actually are, and see that he works with an attorney so that his wishes are reflected in the will.

[ScottGem]

NC has no laws requiring a child be given any share of a parent's estate. As noted, if the step mom inherits then the estate becomes hers to as she pleases.

So the only thing you can do is get your father to change the will now. What you might suggest is leaving you and your siblings the house, but granting the step mom a life estate so she can remain there as long as she's able.

Of course this assume your father is competent to change the will.