How do I deal with an angry step-son who was left nothing in his dad's will?

1 answer | Last updated: Oct 20, 2016
Diesel asked...

My husband is terminal and I fear that his son, who is not mine, will cause me problems. We have been married over 33 years and we both made up our wills with a will kit and then had them notorized in 2006. Can he come after me even when it states that no one is left anything but me at this time?


Expert Answers

Your stepson may be able to go after your husband's estate, because of the stepson's lack of inheritance in his father's will. All states have laws which basically require that a parent must disinherit a child by doing so explicitly in his or her will. If your husband's will simply states that that no one but you is left anything under his will, but does not expressly state that his son is disinherited and is not to receive anything, that son (your stepson) may be able to claim a portion of your husband's estate.

Obviously, I do not have a copy of your husband's will, and cannot tell what it provides. But if is not clear that the son, by name, is disinherited, I suggest that your husband prepare a new will and do precisely that. In making this suggestion, I assume that your husband wants to disinherit his son, and remains mentally capable of doing so.