QUESTION
Can a woman change a will after her husband dies?
Asked on Apr 02nd, 2013 on Estate Planning - Delaware
22 ANSWERS
Real Property Attorney serving Utica, MI
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Douglas A. Tull, P.C. Attorney at Law
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Her own will, yes. Her husband's, no. The only exception to this would be if the wills, by their terms, were made to become irrevocable upon death of the first of the two to die - called a joint and mutual will. There used to be a presumption that wills made by husbands and wives at the same time were "joint and mutual" and as such became irrevocable on death of the first spouse to die. However, in Michigan, that presumption no longer exists.
Answered on Apr 04th, 2013 at 12:41 AM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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She can change her will, not his.
Answered on Apr 04th, 2013 at 12:37 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Certainly. This is done, all the time. In fact, the death of one spouse is a very good reason to have the entire estate plan reviewed to make sure that it is still set up as the survivor wishes.
Answered on Apr 03rd, 2013 at 4:59 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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She did not change her deceased husband's will, but you can certainly make a will of her own unless there was some specific agreement with her husband not do so during his lifetime. Need details, yes and no answers are extremely rare in the law.
Answered on Apr 03rd, 2013 at 4:58 AM
She can change her will, but not the will of the deceased husband.
Answered on Apr 03rd, 2013 at 4:58 AM
A woman can change her own will at any time, yes.
Answered on Apr 03rd, 2013 at 4:58 AM
Yes, so long as she remains competent. Upon the death of a spouse, it is good to review all estate planning documents for necessary or desired changes.
Answered on Apr 03rd, 2013 at 4:57 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Yes, and she should have a new will executed, as the beneficiaries or distributions may have changed. Suggest you consider consulting with a estate planning attorney as a trust may be more advisable for you, in conjunction with a pourover will.
Answered on Apr 03rd, 2013 at 4:57 AM
Estate Planning Attorney serving Torrance, CA
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The Law Office of Kelvin Green
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She can always change hers but she cannot change his.
Answered on Apr 03rd, 2013 at 4:56 AM
2 Awards
If it is her will, yes. If it is his will, no.
Answered on Apr 02nd, 2013 at 12:37 PM
Litigation Attorney serving Birmingham, MI
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Lippitt O'Keefe Gornbein, PLLC
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She may change her own will. She may not change her husband's will.
Answered on Apr 02nd, 2013 at 12:36 PM
No. A will is a personal document that can only be changed by the person himself prior to death.
Answered on Apr 02nd, 2013 at 12:36 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Her will, not his.
Answered on Apr 02nd, 2013 at 12:36 PM
Business Entity Formation Attorney serving Salt Lake City, UT
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Fetzer Booth Mountain West Law
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Yes a person can change their own will at any time. A will is personal to the person who creates it and is not dependent on others. However, a person can only will what is theirs. A wife could not change the disposition of her husband's will by changing her own will. For example, if a husband leaves a portion of his estate to his wife and a portion of his estate to his children, then the wife, after his death can change her will regarding her portion of the husband's estate, but could not will the portion that he left his children.
Answered on Apr 02nd, 2013 at 12:36 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Yes. If she entered into a "contract not to change a will" with him, she can still change her will but she (or her estate) would be subject to a breach of contract action by those people damaged by the new will.
Answered on Apr 02nd, 2013 at 12:36 PM
Thomas Edward Gates
No, only the original principle can change a will.
Answered on Apr 02nd, 2013 at 12:33 PM
You cannot change your husband's will; but you can yours.
Answered on Apr 02nd, 2013 at 12:31 PM
Usually yes unless you made a contract to not change your Will with your husband.
Answered on Apr 02nd, 2013 at 12:29 PM
Estate Planning Attorney serving Agoura Hills, CA
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Bruce C. Keswick
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She can change her Will
Answered on Apr 02nd, 2013 at 12:29 PM
3 Awards
Absolutely, unless there is an enforceable written contract, i.e., a post nuptial agreement, that she will not revoke her Will. Such a contract would be very rare.
Answered on Apr 02nd, 2013 at 12:28 PM
She can change her own Will, but cannot change the husband's Will at any time.
Answered on Apr 02nd, 2013 at 12:28 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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No will can be changed by anyone else, especially after death of testator.
Answered on Apr 02nd, 2013 at 12:27 PM