My dad told me that his will leaves everything to my step-mother and their will is set up such that when she dies, her estate would be divided in half between me and her two children. I've told my dad this is not a safe venture for his will may not be enforceable. How can I make sure it is?
The better way to do this if they have separate assets or have agreed on estate separation at his demise would be for his will to devise the portion that is to eventually go to you to a QTIP trust (Qualified Terminable Interest Property).
This arrangement will permit your step-mother to have income from the asset for her lifetime and at her demise the principal would devise to you (if the trust is so worded, in some instances principal invasion can be permitted if there are extenuating circumstances).
An attorney familiar with these matters should be consulted. It will not be expensive to establish this.
Carol