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if grandpaw had a will when he died, but grandmaw has outlived him by many years and now wants to make changes in her own will, witch will applies ?

2007-12-15 02:52:15 · 2 answers · asked by Anonymous in Politics & Government Law & Ethics

2 answers

All jointly owned property would go to grandma as a surviving joint owner by virtue of operation of law and outside probate. Any individually owned property he had would have gone to named beneficiaries.

In the usual circumstance, husband and wife own almost all property jointly, so the will would not be probated upon grandpa's death.

After grandpa's death, grandma can dispose of any property she received as a result of jointly owned property as she wishes under the terms of her will. She is not bound by what grandpa may have written in his will.

If grandma wants to take all that she owns and give it to certain grandchildren, excluding others, that is her right. She could even give some or all of it to a person other than a family member. It is also her right to give some or all of it to a charity, if she wishes.

2007-12-15 03:31:43 · answer #1 · answered by Mark 7 · 1 0

If he left everything to her, hers applies. But if he left some stuff ot other people, then it is not hers to give away in the first place.

2007-12-15 03:00:21 · answer #2 · answered by Nicole 3 · 0 0

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