Legal Question in Wills and Trusts in Florida
Can Will Be Rewritten After Death Of Spouse?
My mother has taken me (eldest of two children) off the will after my father passed. I was also to have had my name added to the deed of the house purchased for their retirement, which my mother refused to do.
This weekend, cousins from Michigan have swooped in and evidently convinced my mother that she was incapable of handling her affairs. I believe they have purchased her home, a contract was signed on Sat Mar 14 and on Sunday they had moved her to an assisted living facility in Ga. They never consulted my sister or myself. I was over there Sun. morning and was told the police would be called if I attempted to interfere. They refused to discuss the situation, provide any financial statements and claimed my mother was virtually bankrupt and she agreed this was the best thing for her.
My wife and I were willing to move there and care for her. She also of course has the option of home health care if she prefers.
These cousins are the same people who cleared out my father's mothers home and bank account before her body was cold several years ago. I know my father was concerned to protect my mother from them. I am convinced they have defrauded my mother of her home and auto for their gain and basically our inheritance.
2 Answers from Attorneys
Re: Can Will Be Rewritten After Death Of Spouse?
Of course she can rewrite a will as often as she wants, as long as she has the capacity to do it.
No one is entitled to an inheritance. Perhaps your feeling that you are is why you are being disinherited. Absent what is called undue influence (and your post doesn't contain sufficient evidence of that - if that does exist see a lawyer), a person can leave their assets to anyone, and they certainly can and do disinherit adult children.
Re: Can Will Be Rewritten After Death Of Spouse?
As long as your mother is mentally competent and as long as there is no undue (i.e., fraudulent) influence, she can do whatever she wants with her property, both in terms of while she is alive and in her Will. If you have further concerns, consult with a local attorney.
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