My dad passed away 10 years ago, leaving a will with approximately 1 million in assets.

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My dad passed away 10 years ago, leaving a will with approximately 1 million in assets.

He left everything to my stepmother on condition that what she did not use would go to my brother and me. She passed away last week. I guess she made out a will. The executor is her nephew.
She came into the marriage with nothing, and she has been taken care of, all bills paid, in an assisted living facility.
1 If she has a will, can it negate my dad’s will?
2 I’ve been told we can’t see any wills until the executor sees it/them. I can’t even see my dad’s will?
Thanks,
flsun1comcast.net

Asked on February 27, 2017 under Estate Planning, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Who passed away first? If you father did, then yes, her will can negate his, in that once he left the property to her, she could then do with it what she wanted; his wishes as to what she *should* do with it do not control what happens to the property after her death--only her own will does. Your father could have left the assets (some or all) in a trust, which would have let him have control over what happened after he died (the terms of the trust would have to be followed, and since the property would belong to the trust, not her personally, her will would be irrelevant). But if he simply left it to her, then it was up to her (and her will) what to do with it.


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