QUESTION
can my fathers will be changed after he dies how solid aee his requests?
Asked on Apr 07th, 2014 on Wills and Probate - Texas
More details to this question:
My dad left the house that he and my mom lived in to my mom and in the event of her death to my son who is executor. Can she change her mind and leave it to someone else. It was not a joint will it was my fathers will. If so why put the clause in at all? Would we be able to contest that is there anything we xan do now to prevent that. Its a slap in the face for my son and I .... I dont know if she has made a will for herself or not. Would she have to notify anyone can she just now write a will leaving it to someone other?
1 ANSWER
Marion Cain
The answer to your question will depend on the characterization of the property. There are two kinds of property -- separate and community. If the house was community property, your Dad owned an undivided 50% and your mother owned an undivided 50% . Your Dad could only transfer the half which was his to your mother. He may only have transferred a life estate in it to your mother and the title to transfer to your son on her death. Look at the Deed to the house, and the wording in your Dad's will. You probably need to take the papers to your local attorney, because the only way to give a "for sure" answer is to review the documents.
Assuming your mother has fee simple title the the house (meaning full ownership of 100% rather than a life estate in half)she can sell it, give it to anyone or will it to anyone at her death.
Answered on Apr 09th, 2014 at 12:25 PM