If my father left a Will leaving everything to my mom and upon her death the assets would be divided amongst their children, can she change it?

Could she change it and exclude some of her children from getting any assets? Is my mom able to change the will and exclude some of her children from getting any assets?

Asked on September 28, 2014 under Estate Planning, Florida


Anne Brady / Law Office of Anne Brady

Answered 6 years ago | Contributor

The answer depends on how your dad's will was phrased.  It is possible to leave someone only a "life estate" in an asset or assets, whereby the asset(s) would pass to your mother only for the remainder of her life.  If that is the case, she can not change what happens to the assets after she passes.  However, if your mom inherited more than a life estate, if she inherited the actual assets, then she can distribute them however she chooses in her own will.

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