Legal Question in Wills and Trusts in Kentucky

Changing of Will if one spouse has died
My parents made a will father passed 8 yrs ago. Can my mother change the will? Will read everything went to surving spouse and upon her death it would go to the two daughters. Can she make a new will and exclude the two daughters and add a granddaughter instead? Mother also made a quick claim deed for the house to the granddaughter. Is this all possible??? Does the first will mean nothing???

Asked on 9/30/03, 8:48 pm

2 Answers from Attorneys

Philip Owens Philip M. Owens, Attorney at Law

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Re: Changing of Will if one spouse has died

Generally, she can make a will anytime she wants to deal with "her" own property. Depending upon how firm the first will was in the succession of beneficiaries and HOW the property title was held between your parents, the first will may restrict your mother's ability to deal with certain property. For example, if your parents owned a parcel of real estate and the title in the deed went to the survivor between them, then the title would pass to your mother on your father's death despite the will and she would be free to give it to whomever she chooses. On the other hand, for example, your father had owned a parcel of real estate in his own name, then the first will would dictate the beneficiaries and your mother could not change that bequest. The gist of this answer is to get competent advice from local counsel who can actually review the wording in the wills and the title to the property. I cannot give you a very complete answer without that information. As far as the "quit-claim" deed is concerned, all that it does is convey whatever title she has and the grantee (person receiving) cannot complain if the title is faulty or non-existent.

Answered on 10/01/03, 7:04 am

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