If my father wants to change a Will that he and my mother created, can he legally changeit without my mother’s consent?

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If my father wants to change a Will that he and my mother created, can he legally changeit without my mother’s consent?

Asked on February 16, 2011 under Estate Planning, Colorado

Answers:

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

Answered 10 years ago | Contributor

There is a general premise that as long as you are mentally competent you can make changes to your Will at any time.  Remember here, though, that some property does not pass through an estate when held as husband and wife or in certain forms.  In other words, only property that is owned by your Father in his individual name (and that does not have a beneficiary designation) is controlled by the will.  Assets that are owned in joint tenancy, such as real property or a bank account, or assets that have a beneficiary designation like a life insurance policy or IRA, pass to the beneficiaries by operation of a contract, and are not subject to the provisions in the will or the probate process. 


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