[DjaksMom]

:confused: My dad recently has his attorney draw up his will & made provisions to leave everything, (house & all), to only me, his daughter. He specifically declares in the will that his current wife,(my stepmother), or my older brother, (dad's only other child), are NOT to receive anything. He clarifies that if he dies first, his wife gets to live in the house until she dies. I will own it, but she can live there if she chooses. My questions are concerning some common things I often hear concerning wills. First, does he have to leave my brother $1.00? His attorney says no. Also, he's been married 10 years to this wife so does she have rights to this house? It is paid off and she is not on the deed. They even keep their money separate & she has never paid anything towards the home or improvements. Some brief history; dad has been married several times and is disabled. The house was purchased by him back in the early 70's & was designed for a handicapped person, therefore he always got the house in divorces. So, the house & me have been in the picture all along. (It may sound bad, but my brother and this particular wife aren't very nice people, so trust me this was done with good reason). I have researched & it sounds like only "forced inheritence laws" are something in Louisiana, so all should be fine. Keep in mind this will is already complete, I have a copy and the attorney says it's fine as is. Other family members keep saying they could protest and win. Any opinions/experience? Thanks!

[s_cianci]

It's very difficult to contest a will. Other family members can and might try but they'd most likely be shooting into the wind. I don't think you have much to worry about. Your father gave his wife rights to lie in the house until she dies if she wishes. It sounds like this tactic should cover the possible argument that the house is a marital asset (despite her name not being on the deed) and that she has a right to half of it. Even if a judge were to award her half of it, you'd be entitled to the other half since your father willed it to you.

[ScottGem]

Was the atty expert in wills and estates? If so, why wouldn't you trust him? As long as the testator was in sound mind and not under duress they canb do whatever they want with their property.

[DjaksMom]

Thank you both for responding. Very nice to hear. S_cianci, your response makes me feel better! Same for you Scott, thanks! Dad has a very sound mind so all should be well. Dad's attorney is a family law attorney & coincidentally was his attorney when he divorced my mom back in '82. Very trustworthy & I felt sure everything should be fine, just have other family members, such as aunts, uncles, & grandparents that keep telling us the $1.00 for my brother & "wife is entitled to half after 10 years" thing. I think sometimes old laws or urban legends take on a life of their own though. Thanks again!

[ScottGem]

The $1 thing is basically to show that the testator is specifically disinheriting a person. But its just not necessary. There are no laws that govern what a person can do as far as distributing their estate. The laws only refer to what happens if a person dies without a will.