Legal Question in Wills and Trusts in Ohio
Revoking a Will
My father and step-mother have a will. She passed away in Dec 2006, leaving everything to my dad. She did not have any children. He has 2 children. My step-mom wanted her niece to be executor of the estate and things to be divided into thirds when my dad passes away. My dad would like to change the will as me executor and divide things between my brother and myself and giving her niece something or nothing at all. My dad's home was almost paid for when her married her. Is he bound to the will he wrote with his wife? If he changes the now that she is deceased, once he dies can her niece file a law-suit against me/my brother or the estate? Thanks for your assistance.
1 Answer from Attorneys
Re: Revoking a Will
Unless your father signed a contract to make a will, of has a prenuptial agreement, he can change his will as he sees fit under the circumstances you describe.