Posted by bc on October 23, 2009 at 10:17:08 from (67.66.111.187):
In Reply to: Will posted by sammy in Kansas on October 22, 2009 at 20:16:31:
In Kansas, the surviving spouse can't be cut out and has be left a percentage up to half (a sliding scale based on the number of years married ). Plus he can get any joint interest with rights of survivorship property. His lawyer can present the wills to the court to see about invalidating the second one or provisions of it that are contrary to statute. It would help if their original wills were contractural. It would make a difference if there was any undue influence by the son. Just have a will contest hearing with all the witnesses examined. If the other children were left out without being named in the will, then there are further grounds for the will to be thrown out. You don't have to give to all of your children but you have to name them and say they receive nothing.
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