Legal Question in Wills and Trusts in Florida
adding someone to a will or estate after death
Can an individual be added to a will or estate after the death has occured of the person in question who wrote the will or set up the estate. Ex... A son, grandson, or daughter who is left out of a will or estate, can they now be included if all parties involved or named in the will or estate agree to include them, although the initial will did not.
1 Answer from Attorneys
Re: adding someone to a will or estate after death
Whose Will is it? Only the owner of the will can change the will and if he/she is dead, there might be a problem. However, a will can be modified by the court in a way. Pre-termitted heirs are people who are mistakenly omitted and they can petition the court to add them to the list of beneficiaries. You will need a lawyer for this though. You can also challenge the will itself, which will also require a lawyer. Finally, if everyone in the will wants someone to have a share, they can simply divide the bequests after the will is probated so that the person left out is included. That would not require a lawyer, BUT it would require a great deal of trust in your fellow beneficiares.
William Nolan
www.NolanElderLaw.com
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