My father's Will specified that my stepmother would inherit and upon her death it would go to his children.

Full Question:

My father recently died. His will specified that my stepmother would inherit and upon her death it would be divided equally among the two stepchildren and my brother and me. Now my stepmother is stating her will states anything left would go to her children only. Can she do that?
04/25/2017   |   Category: Wills and Estates   |   State: South Dakota   |   #36324

Answer:

The wording of the Will can vary. If it was worded that she received the property for life and then to the children it was a life estate. If it was a trust the wording could say for her life and then to the children. But if it left the property to her and did not restrict what she did with it she may be able to leave it to who she desires.

If the Wills were mutual Wills or there Spouse an agreement that how they would leave property that could also be relevant.

The spouse also has rights to elect to take against a Will in various ways so it could be that she would have receive the property anyway.

Regardless, there are too many unknown facts to state anything in law that will answer this. You need to talk to a local attorney.