Legal Question in Wills and Trusts in Kentucky
Joint Will
My father in his 70's passed away and had a joint will with his wife of less that four years. The will read the surviving spouse gets everything and upon their death distribution is 50% to her children and 50% to his grandchildren. Is there a way to make sure she does not change that and leave his grandchildren out
1 Answer from Attorneys
Re: Joint Will
Many people mistakenly assume joint wills (mirror wills) are binding. However, a will is only "binding" upon death. Your father's wife is not dead, so she is free to change her will any way she likes. The only exception would be if a contract had been made between your father and she to not change her will. She could still change it, but she would have breached the contract and the damages would likely be that the grandchildren receive what they would have received had the contract not been broken.
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