I think it is great that the son seems to want to do right by the step-mother. It is interesting that he is the executor. The rights and processes are obviously dependent upon the laws in the particular state or province.
In the Province of Ontario he would not automatically be the executor, even if he is named in the father's will. In Ontario, marriage automatically nullifies a will in most cases, unless it was specifically done in contemplation of that marriage. On the other hand, divorce does not automatically void all of the rights of the former spouse. Even if the will was done in contemplation of the marriage, the spouse and/or any surviving children or grandchildren do have certain rights under which they can challenge the terms of the will.
In this case, again in Ontario, the father would have been deemed to have died intestate (without a valid will). Under the rules of intestacy in Ontario, the spouse would have normally been entitled to the first $200,000 of the estate and the balance would be split between the widow (step-mother) and any of the deceased father's descendants.
Hence the importance of ensuring wills and/or pre-nups are done at the proper time and with proper legal advice. Most of us never know when our number is suddenly up!
