Once a will has been made, can the other spouse change it?

Question

If so wouldn’t us, as my mom's kids would have to sign something? I have 11 brothers and sisters before my father passed away. He had a will that all his kids will come and have part of the house. We can either sell it or keep it in the family but now since my mother has passed away she changed the will and made it to my nephew. Can she do that? Wouldn't all of us kids have to sign papers saying it will go to him? None of us did so. How can this happen if that's what our father wanted? My mom came down sick with cancer and on morphine and not in her right mind. How can she make a difference? Will letting my nephew have our part out of the house legal?

Frances Headley · Answer

Wills can only be changed by the party making the will. However, if the document was a trust, the surviving spouse may have had the right to change it. You should consult a probate attorney to review all of the documents and facts and advise you.

Kristen Carron · Answer

Once someone dies, their will cannot be changed. If in fact your dad's house was left to you and your siblings in his will, the will should have been probated and the property should have passed through probate and you and your siblings should have been given your share. However, if the house was owned by your parents as Tenants by the Entirety, then the house would have passed to her (and not to you and your siblings) upon your dad's death regardless of what his will said. If it did pass to your mom in that way, then she can leave it to whom ever she wants in her will. However, if you think that she was unduly influenced and did not understand what she was signing when she left the house to your nephew, then you should speak with an attorney to see if further action can be taken.

Thomas Phipps · Answer

No. Only the person who signed the will can change it by doing a codicil or a new will.

Erven Nelson · Answer

You need to find a good probate lawyer to challenge the amendment by arguing that your mother was under undue influence. Fight for your rights.

James Frederick · Answer

Yes, this is legal. It is also fairly common. If your father had wanted to set things up differently, he could have done so, and should have done so. This is why it is important for people to set up their estate planning through an attorney. It is also possible that your father trusted your mother not to change the Will. That does not mean that she legally does not have the right to do so. I  am sorry, but I think you are out of luck because legally, she had the right to do this.

Brian Haggerty · Answer

Your dad passed away and left everything to your Mom. Now it's her money. She can do what she wants, unless there was a WRITTEN contract between mom and dad not to change their wills. It sounds like you may have an "undue influence" claim against nephew, if he induced mom to sign a new will while she didn't have capacity. Get a lawyer working on that now.

Dara J. Goldsmith · Answer

You need an attorney to review all of the paperwork.  If the home was left to her in his Will or if she was a joint tenant she could leave it to whomever she choose. If there was a trust the answer may be different.  I believe that you need to hire an attorney to review the Wills and other paperwork, titles, etc. to advise you.

Christine James · Answer

Your situation is complicated and you must have an attorney review it to properly advise you.  The bottom line is you have no say in a will created by any parent and do not have to sign off on anything.  That said, one person cannot change the will of another.  The will of your father would need to be reviewed to see if he left everything to your mother or some other disposition.  The will of your mother would have to be reviewed to see if your nephew influenced her into the decision.  An entirely different issue is whether there may have been a trust.  The bottom line is there is no way, without reviewing the relevant documents, to properly advise you and your family of your rights.

Victor Waid · Answer

It appears your mother and father held the property in joint tenancy title, and one of the rights to that form of title,  is the right of survivorship, and she would have survived to your father's share of the residence, regardless of what his will states, as the joint tenancy title is a during life document, whereas a will is an afterlife document, and therefore is not effective against a right of survivorship, as your mother survived to the title to the whole property.  Thereafter, she can make out her own will, and direct the will to pass the house to whomever she wants, and no signature is required from anyone.

Julie Mains · Answer

The question as drafted is a little confusing but I will try to answer what I think you are asking.  First, it depends on how the house is deeded.  If it is deeded as tenants in common, then his portion passes according to his will.  If it is deeded as joint tenants with rights of survivorship with his wife/your mother or as husband and wife community property, then it went to her when he passed and she can make a will leaving it to someone different.  However, if she is not competent to make the will, then the new will made while lacking competence can be challenged.  Presumably, in order to obtain title to the home, the executor will have to probate your mother's will and that is when you would challenge it in Court.

Jayne Sebby · Answer

Only the person who wrote the will can change it.  Your mother could not change your father's will and your father could not change your mother's will.  As your father passed away first, his wishes control who gets the property.  Your father's estate should have been settled within a year after his death.  And you should arrange to sell the house and divide the profits equally between the siblings as there is no way twelve people can agree on anything.

James Oberholtzer · Answer

You are right.  Based on what you say, there are several legal problems here.  Your mother cannot change the result of your father's Will.  Also, your mother may not have had legal capacity at the time she made the changes because of the illness and the drugs.  You need to consult with an attorney.

Thomas Edward Gates · Answer

In a community property state each spouse owns one-half of the communal estate.  Thus, your dad can will his one-half anyway he wishes.  Likewise, your mom can will her one-half as she sees fit.  You mother could not have changed your father's will.  Was the title to the property ever changed showing the siblings?

Maura Curran · Answer

A parent with adult children can do whatever they want with their property and the children do not have to approve.  However, there are exceptions to making a will, such as coercion, duress, incompetent, etc.    Every circumstance is unique and therefore you should employ an attorney well versed in such matters.  When the estate is being probated to transfer the property you can make an objection, but you will need the assistance of an attorney.

James Weiner · Answer

There are a lot of holes in what you are saying but I will be the following is applicable: In Michigan a house is that is in the name of both a husband and wife is held as joint tenants with a right of survivorship. So when your dad passed first the house may have gone to your mom irrespective of what was in his will and irrespective of your alleged interest in the house. If that is what happened your mom's will controls the final disposition of the house.

Norman Green · Answer

Nobody can change the will of a deceased person.  But mom can write her own will.  So, if dad's will said, I give my half of the house to my wife for life and then to my children, then you kids get his half.  Your nephew would get mom's half.  If dad owned the whole house and wrote, I give my house to my wife for life and then to my children, then your nephew gets nothing.  But if mom owned the house, then she can do with it   As she likes.  If I see the order concluding the probate of dad's estate, I could clarify better.

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Once a will has been made, can the other spouse change it?

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