Francitas, TX Estate Planning Law Firms & Lawyers

No, you don't. You can leave everything you own to charity if you like or to your next door neighbor. However, I'm a firm believer of using estate planning as a way to reconcile if at all possible since death is so absolute and there is no way to ever take back things that are said once you pass away. I encourage all of my clients to use estate planning as a way to tell your kids that you are upset and that if things don't change, then there is no reason to change the plans. For example, you can choose to disinherit your one of your children, and leave small percentages to two others and the vast majority to the one that is kind to you. Then you invite your kids to thanksgiving and talk to them about your estate plans and have them read what was signed. Some will be very upset and may ask why. Many of my clients are surprised that they ask why and as I always tell them that most of the times family disputes are simply miscommunications and that one party sometimes doesn't even understand or is aware of the problem. If you can air out your issues while you are alive, it gives everyone a chance to talk and at least come to peace with your wishes. Otherwise you could die and they would be terribly confused and point their animosity towards their siblings who may have nothing to do with the original dispute. So to answer your question, you can do what you want, but instead of using your will as a sword to strike the last blow, I would try to use it as a way to open up a line of communication and telling them that you can change the will if family harmony and peace is possible.

Until a couple is granted a divorce by a court, they are considered married. So your stepmother was still your father's wife at the time of his death. Many states allow a surviving spouse some part of the estate (what used to be called the widow's portion) but it's certainly not 50%. If the will is valid, it's unlikely that your stepmother can claim anything beyond what state statute allows.