Legal Question in Wills and Trusts in Florida

Division of Inheritance

If you have a separate will from your spouse and you specify your children (from a previous marriage) recieve part of your inheritance, if I would go first and the inheritance goes to my wife, can she change my will giving all the inheritance to her children and leave mine with nothing? thank you for your time.


Asked on 3/10/05, 3:54 pm

2 Answers from Attorneys
Douglas R. Coenson, Esq.

Re: Division of Inheritance

To better protect the interest of your children from the previous marriage, you may want to consider a QTIP Trust. This allows you to leave funds in a trust for her life but upon her death the remaining funds would not pass through HER estate but be distributed to your children from the previous marriage.

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Answered on 3/12/05, 9:02 pm
Frank J. Pyle Probate Attorney Throughout Florida

Re: Division of Inheritance

Once the assets pass outright to her, she can leave them to whomsever she wishes. Your will is only effective at your death, and absent some unique provisions therein, it would not bind her at all. So the answer to your question would be NO, she cannot change your will, but YES, she can leave the inheritance to her children and leave yours with nothing.

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Answered on 3/10/05, 4:38 pm


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