Legal Question in Wills and Trusts in Virginia

Cqn the Will be rewritten

The mother left a will stating that upon her death all property and money would go to her husband and upon his death the estate would be split equally between her two kids. After she died her husband (kids stepfather) rewrote the will giving everything to one child and nothing to the other. He died less than a year of the mother and now one child has everything and the other has nothing. The estate is worth a few million dollars.

question- Can the stepfather change the mothers wishes and leave everything to only one child? Does everything become his to do as he pleases or does he only get to use what he can while he is alive and then the rest is split per the mothers wishes? Her will clearly stats that she is leaving everything to him, but upon his death it goes to the kids.


Asked on 8/27/05, 6:08 pm

2 Answers from Attorneys
Robert Strupp Robert J. Strupp,Attorney at Law, PLC

Re: Cqn the Will be rewritten

It is really best to actually see the wills in question. It sounds like the mother left Husband a LIFE estate, remainder to the kids. If this is the case, Husband would NOT be able to change the mother's wishes.

If I can be of further assistance, I can be reached at 703-915-1401

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Answered on 8/27/05, 9:59 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Cqn the Will be rewritten

You would be well advised to have an attorney knowledgeable in wills and the probate process in general to review this particular will and the

relevant facts associated with this matter.

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Answered on 8/27/05, 10:40 pm


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