Hypothetically, a couple is married and they have a will. One dies and afterwards the wife wants to change the will completely. She wants to take some heir's off the will completely. They were originally intended to receive 95 % of the asset. She desperately wants them to receive nothing.
She sat down with a lawyer and changed the will, but a year later the lawyer is claiming that now those intended to receive 95 % still need to be included. They will now receive 95 % of half of the assets. Meaning 45 % total.
Does this sound right? Can it not be changed now?
Any input would be great,
2007-12-11 06:15:57 · 7 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
I agree with the attorney. Since they had a will with both of them writing it and signing it, the deceased has stated their wishes upon death. This is still legally the named parties inheritance. The wife did not inherit all of the assets when the husband died. She, basically, inherited 55%.
2007-12-11 06:23:23 · answer #1 · answered by sensible_man 7 · 0⤊ 0⤋
The executor of the estate would have to abide by the original will. Let's say that after the husband dies, the wife gets 50% of his estate and his other heirs gets 50%. (assuming that the state and IRS don't get anything). The 50% of the wife's estate is now up to her to manage.
If there are people trying to adjust the will before it's finally settled, the only winners are the lawyers.
2007-12-11 14:22:08 · answer #2 · answered by Anonymous · 0⤊ 0⤋
"They" never had a will. "He" had a will, and "she" had a will.
If his will left the assets to her, free and clear, she can now do what she wants with them, and cut out completely the people he wanted to have them.
If the will left the assets to her with 'strings' attached, or to her in trust for the subsequent beneficiaries, then they're not fully 'hers' to dispose of, and the husbands will still rules the disposal of his assets.
She should get a second opinion - sounds like the first lawyer dropped the ball.
Richard
2007-12-11 14:24:52 · answer #3 · answered by rickinnocal 7 · 1⤊ 0⤋
A couple cannot make a joint will. Even if they did, it would only probate if both will creators died at the same time. Anyone who survives has the legal right to keep, change, or discard the will to fir their needs. An attorney that says this cannot be done needs to spend some time in school.
2007-12-11 14:22:04 · answer #4 · answered by canfield205 5 · 2⤊ 1⤋
Absolutely the survivor can make any changes they want. What is scary is that the court actually has the power to change the whole will on its own too- total power
2007-12-11 14:24:35 · answer #5 · answered by Anonymous · 1⤊ 0⤋
Yeah once one is dead the syuff is all the other persons and yes they can change the will.
2007-12-11 14:26:51 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Wills are individual so what she would do is change her will but she cannot change his.
2007-12-11 14:23:37 · answer #7 · answered by Lex 7 · 1⤊ 0⤋