QUESTION
Can will of deceased be changed if the executor to will dies?
Asked on Feb 22nd, 2017 on Estate Planning - California
More details to this question:
In the will, the house was left to the 5 children and their spouses when their mother passed. Since then, the executor to the will (one of the siblings) has died. My mother’s husband who was one of the 5 siblings has died as well. Now, the remaining living siblings are saying that they are adding grandchildren to benefit from the sale of the house and now splitting the money between 11 people. Is this possible without the consent of the other siblings in the will or their living spouses? Just seems to me once a will is made and you die, you can't go back and change things to benefit others you think deserve part of it. Especially like in my mom’s case with her deceased husband's children never having anything to do with him while he was alive.
2 ANSWERS
Taxation Law Attorney serving Glendale, CA
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No, the will cannot be changed after death of the decedent. In certain circumstances the will can be changed by a court after a petition with notice to all affected people, all of whom would have the opportunity to oppose the change. When executor-child died, presumably his interest was already vested, and it would go according to his will, or if he had none, then according to the laws governing intestacy. Same with your step-father. Your step-father's tenth presumably would go according to his will, if any, or if none then one-third to your mother and two-thirds to his children.
Answered on May 09th, 2017 at 7:44 AM
Edwin K. Niles
No. The deceased could have made changes during her lifetime, but not after her death.
Answered on May 08th, 2017 at 2:28 PM