Thursday, August 9, 2012

Can Stepmom disinherit Dad's children in her Will?

On Mar 25, 8:59 am, Paul Cassel <pcasselremo...@comremovecast.net> wrote:
> Rich Carreiro wrote:
>
> > I think that in Louisiana (of course :) it is very, very hard
> > to disinherit children.
>
> How about this scenario. A man with children from a previous marriage
> remarries a woman with children of her own. His Will creates a trust
> with her the beneficiary. Upon her demise (or in X years) the trust
> dissolves with her (or her estate) the beneficiary. Can she Will all her
> property to her children in LA thus indirectly disinheriting his children?

I don't know LA law and would be interested to see Rich's citation for his statement.   But in Paul's example, and assuming Rich's summary of LA law to be true, it is the father who would have to make provisions in his own will for a legacy to his own children, in addition to whatever he provided for his second wife.   Even then IMO, what Rich said would impose no duty on his second wife (stepmom of his kids) to provide for HIS kids in HER Will; the law would only make it hard to disinherit her OWN kids.   Dad's kids would have already gotten their legally required share, when HE died.
--
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Mike Jacobs
LAW OFFICE OF W. MICHAEL JACOBS
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