Legal Question in Wills and Trusts in Florida

Can an executor change the will if all parties agree

Here is the scenario, 3 children were left divided portions of an estate. The money is to be divided after the ex-wife (mother of the 3 children) has died. The ex-wife was given a small monthly allowance but is now 90 yrs old and need to be placed in nursing. 2 of the 3 children want to get their portion now and give it to their mother for her support in the nursing home. The executor say she is bound by law to follow the will and cannot do that. Is there any recourse here for the 2 children. The executor lives in North Carolina and the will was probated/registered? in Florida. Thank you.


Asked on 6/30/08, 3:33 pm

2 Answers from Attorneys
David Slater David P. Slater, Esq.

Re: Can an executor change the will if all parties agree

Yes, there are ways to handle this issue which require the mother waiving her share.

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Answered on 6/30/08, 4:40 pm
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Can an executor change the will if all parties agree

The mother as i understand the post is not getting a share. Only the others are. The will controls and they are not entitled to the share until the condition precedent (i.e. the ex-wife's death).

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Answered on 6/30/08, 9:26 pm


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