This is true in Louisiana. If there is one child they get 1/4 of the estate. If there are 2 or more they get 50% split between evenly among all of them. The spouse gets the rest. The problem that causes, though, is that if the will is not written to favor the living spouse then the kids can force them to sell the house to settle the estate.

__________________
Megan

This is like my mom's friend . She is like 30 something and she married a 70 yrs old man. Widow,retired, and has eveyrthing in the world. Money, house, etc.. well this young wife apparently used her husband's money to buy a land and a house in the Philippines. She bought a new van, and a brand new house in NE both paid in cash. Well, the kids of the 70 yrs old man got suspicious that she might be a gold digger and tried so hard to talk to the dad. Its tearing this family apart because the dad married a younger woman. Now they have a 3 yrs old son together so that puts the wife to inherit everything. I would say to your friend though that writing a letter maybe the best way to do it or talk to him in private about having a will. I'm assuming that some of the properties used to belong both her mom and dad before she died. So she is entitled to have a say so in it. SHe needs to tell her dad that she would be hurt if some of the "things" that her mother also left behind is going to his new wife.

I think your friend's thinking is selfish. It is her Dad's money, not hers. If this new wife brings him happiness, that is all that matters. I have told my parents that I want them to spend all of their money on themselves and have a good time. I don't want anything and I don't expect anything. They are very generous with me, but I do not feel entitled to anything they have. Your friend should enjoy every minute with her father now, and be glad that he is not alone in his old age.

Maybe she could ask her Dad for some items of importance to her..keepsakes or momentos,jewelry, etc. that have good memories of her Mom or other relatives. She could also ask her Dad to give some savings (her Dad could buyher kids educational bonds through his bank for birthdays and holidays) or things of value to pass down to her kids. That way she has those items in her possession now and won't have to fight the new wife for them later. That way they get at least some stuff. Other than that, others are right, he can do with his things as he pleases. It's heartbreaking, but that's how it goes.

Another thing she might mention to him, is that by doing a will or a living trust, his heirs (including his new wife) won't have as much red tape to go through with the government after he passes to get the stuff.

Sandra