If a married couple has a Will, can onespouse change it after the otherspouse dies?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If a married couple has a Will, can onespouse change it after the otherspouse dies?

My uncle and my aunt had a Will but my aunt died 2 years ago. Can my uncle change the Will now that she is gone?

Asked on October 21, 2011 under Estate Planning, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I am so sorry for your loss.  Generally speaking, if all the assets of the estate of your aunt and uncle passed one to the other on his death then yes, your uncle can now re-do his Will to distrbute hisassets that remain as he so chooses.  Did he probate his wife's Will or was there even a need to do so (if assets are jointly held then they pass one to the other automatically at the time of death; called sometimes "by operation of law.").  You should really take the Wills to an attorney in the area to review and give you a formal opinion on the matter.  There may be some quirk in the Will or state law that takes this out of "generalities."  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption