Legal Question in Wills and Trusts in Florida
In a binding will and estate contract between two spouses that has been finalized as a spouse wishes, can a spouse go back and break the will after one spouse dies?
Asked on 10/05/09, 6:45 pm
2 Answers from Attorneys
David Slater
David P. Slater, Esq.
If it was properly executed it should stand up to any challenge.
Answered on 10/05/09, 6:52 pm
Richard Stoffels
Stoffels Law Group
Generally, a will can be modified at any time. However, in a joint will (one document serves as the will for both) the survivor's ability to make changes has been challenged. It sounds as if you are either the surviving spouse who wants to make a change, or a child of the deceased spouse. Either way, hire an attorney, review all of the facts with him/her, and determine your rights. There is no way to do that given the short sentence of facts you provided.
Answered on 10/05/09, 8:37 pm
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