need help with will

[tfarb]

My dad had remarried & recently died. In the will he left his surving wife with every thing. And if she dies every thing will be split between her children and my dads children. Since she is now executor of the will will i get a new will. Dont know the laws on how this works. My dad has a house in california. won' t to know if all the children will inherate the home. Thank You for your help.

 

[dee_dub]

In the will he left his surving wife with every thing. And if she dies every thing will be split between her children and my dads children.

If she dies when? Usually those sorts of provisions are time-limited, and if she survives 3 months or whatever, it's all hers, no strings attached.

Since she is now executor of the will will i get a new will.

What do you mean? Why would you get a new will? There's only one will.

My dad has a house in california. won' t to know if all the children will inherate the home.

If what you said above is accurate, then no. The mother inherited the home.

You might want to post exactly what the will says here. It may be that she didn't "get everything", but that she only got a life estate in everything - that is, she gets the use of it for the duration of her life, after which it goes to the residual beneficiaries.

 

[NY_Shark]

If your father willed everything to his wife, then it is his wife's.

Promises or even clauses in wills that specify that property in the beneficiary's will contain provisions from the first are not allowed by courts. In other words, if this woman wanted to will everything to her own children exclusively, there is nothing preventing her from doing that. The property is now hers.