Do I need a probate attorney for this?

Question

I recently married a widow that has an existing valid will, leaving everything to her only child daughter from the first marriage. After four months of marriage, my new wife died before we could revise the original will. Step-daughter has now expressed interest in trying to nullify the original will and making me, the new husband, the sole beneficiary. We have gotten along well, so far, but my inclination is to just execute the existing will. Let her have everything and perform her duties as both executor and sole beneficiary. Money-wise ..assets v. debts.. it will be a wash.. so that isn't a factor.

Can anybody suggest why I shouldn't just hunker down as a legal nobody in the current picture and let the original will probate out?

Answer 1

I'd do exactly that. I doubt you have grounds to "nullify" the will. IF the beneficiary wants to make you a gift of some of the personal property, it doesn't have to have anything to do with probate; same with the funds except for possible tax issues.