QUESTION

can a will be changed by the husband after wife pass

Asked on Mar 12th, 2014 on Wills and Probate - Georgia
More details to this question:
The will was hand written in 1994 wife passed in 2012. Was not filed at court house or nor was it notorized
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1 ANSWER

Wills Attorney serving Alpharetta, GA
4 Awards
Is the Will the husband's Will, or the wife's Will, or a joint Will? That matters. If it's the wife's Will, no one can change it. If it's the husband's Will, and he's still living, he can change it, assuming that he has the required level of mental capacity (which is fairly low). If it was a joint Will, then wife's part cannot be changed, but unless there is a separate, written, signed, contract between the husband and the wife in which the husband promised not to change his part, then he can change his part. At any rate, the original Will should have been filed with the probate court of the county where the wife had her principal residence fairly soon after she died, even if it wasn't going to be probated. This is required by Georgia law. It is not too late for someone to do that. Send the original Will and a certified copy of the wife's death certificate to the probate court and tell them the filing is for informational purposes only.
Answered on Mar 17th, 2014 at 6:12 PM

This answer is being provided as general information and not as legal advice. No attorney-client relationship is created by this answer.

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