What rights does a step-mother have to the property of your father? That can be a challenging question to answer because it all depends on how your father planned his estate (or how he failed to plan). While you may think that your father’s assets should go to you after his death, that may not be the way the law sees it.
For example, if your father has a Will or Trust that leaves everything outright to a step-mother, then the ownership of all the assets passes to the step-mother once your father dies. That means the step-mother can do anything she likes with the assets—including kicking you out of the estate plan. When assets are given outright to a step-mother, the step-mother can leave those assets to whomever she likes, and exclude you in the process.
Worse yet, if your father holds his assets in joint tenancy accounts with the step-mother, then the step-mother will receive complete ownership of those assets as well after your father dies. And she can leave those assets to whomever she likes upon her death.
Separate Property Owned Prior to Re-Marrying
What about separate property of your father, such as a house he owned prior to marrying your step-mother. That depends on how he holds title. If the house is owned solely in his name at his death, then the house will pass under his Will—or by intestate statute if he has no Will. If he leaves everything he has to the step-mother under the Will, then the step-mother owns the house, and you are out of luck. If there is no Will, then the property will pass under the intestate statute, which will award one-third of the house to the step-mother (if your father had two or more children), or one-half of the house to the step-mother (if your father had one child). Either way, the step-mother is going to receive at least one-third of the home—and maybe more.
If your father’s house is owned by a Trust he creates with the step-moth
Irrevocable Trust For the Step-Mother’s Benefit
The only way to protect your share of your father’s Trust is for your father to create a Trust that either gives you assets directly at the time of his death, or holds his share of the assets in an irrevocable Trust for the step-mother’s benefit. With an irrevocable Trust, the assets can be used for the step-mother’s care and support, but the assets cannot be left to anyone other than your father’s pre-chosen beneficiaries. This is real protection because you can be assured that your share of your father’s inheritance cannot be given to anyone else.
If, however, your father has not created the right type of Trust that creates an irrevocable Trust after his death, then you most likely are going to be disappointed. Once assets pass outright to a step-mother, there is little you can do to change the result.
