Legal Question in Wills and Trusts in Florida
change in beneficiaries
my wife's father died 2 years ago. The benefeciary of his will was his wife and secondary beneficiaries where his 3 children (with the oldest,my wife, appointed as the executor). My wife's mother recently died. About a year before her death, she changed the beneficiary of her will to only her son, leaving the other 2 children out of her will (including my wife and her sister who had been secondary beneficiaries in the fathers will). know that both parents are dead, who's will is the correct legal document for any inheritance?
3 Answers from Attorneys
Re: change in beneficiaries
Her moms. Was she competent when she changed her will?
Re: change in beneficiaries
Your wife's mother's will controls the property distibution because she died after her husband.
Re: change in beneficiaries
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
The wills are not dependent on each other. Since the father died first, his estate, if probated, would have passed to your wife's mother. Since she survived him anything owned as joint tenants was hers as the surviving tenant. Her will controls the distribution of her property. If any assets were owned only by dad, and not as joint tenants, then his estate would also have to be probated and his assets would pass according to his will but would go to mom as the beneficiary.
Scott R. Jay, Esq.
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