In some cases where a Last Will and Testament existed prior to a re-marriage, a “debate” can ensue as to what assets belong to the new spouse and what assets belong to the children of the maker of a Will. The only way to end that debate is to identify and force the execution of the final Will.
To force the execution of a Last Will and Testament, the beneficiaries must open a probate court proceeding to have the executor or executrix of the Will administer the Will as it is written.
Such probate proceedings can be complicated (especially if it is unclear as to the timing of the will or the intent of the maker), so legal advice is strongly recommended. To find a local attorney for FREE to help you open a probate proceeding, visit Standard Legal’s Attorney Find page and select “Estate Planning” from the specialties list.