Can the terms of the Will be changed by the surviving spouse?

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Can the terms of the Will be changed by the surviving spouse?

My mother and father went and drew up a Will 13 years ago. My father has 4 children total, including 2 by my mother. What I want to know is if my mother drew up a Will and

my father drew up a Will giving me 60% of the estate, can my mother override that,

although she has her own Will (which I believe to be giving me the same percentage)? Can she override it and change it in my father’s last testament and Will?

Asked on September 29, 2016 under Estate Planning, District of Columbia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If your father has already passed away (which is what I assume you mean by "surviving spouse") it is too late for *anyone* to change your father's will: once a person passes away, his or her will is carried out as it existed at the moment he or she dies.
If your father is still alive, *he* can change his will, but no other person--not even his spouse--can change it against his will. The most she could do is try to convince him that he should change it.


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