Questions about father's will

[tnt62]

What is the name of your state (only U.S. law)? Florida

This seems like such a stupid question, but I just can't seem to find the answer anywhere. My father passed away in June. He had his will drawn in 2007 which clearly covered all of his real estate, bank accounts and personal belongings etc. An IRA acct is specifically listed to go to my sister and I. And then the remainder of his estate goes to his surviving wife. It then states that when she passes, that the estate is to be divided equally between, me, my sister and our step sister ( his wifes daughter) upon her death. Her will also states the same. His wife is listed as his personal representative with me listed 2nd if she is unable to fullfill her duties as representative or if she wants to give up her right as PR. Here is my stupid question and the likelihood of it happening is rare, but I have to satisfy my curious mind. What if his wife were to change her will giving her daughter the entire estate? Is that possible? I don't believe my fathers will qualifies for "probate" as he clearly instructed how and where his property was to go. But how does his end of life wishes remain in tact after his death? Should we file his will with the court just to have record of his wishes or is that not applicable?
Don't misunderstand me, I believe my father trusted his wife to carry out his wishes and to the extent that I know her, I also believe she will do just that. My only concern is her daughters husband is someone whom I do not trust and I wonder how easy if at all they could change the course of my fathers final wishes.
Thank you for reading this and any help or clarification will be very appreciated.

 

[anteater]

What if his wife were to change her will giving her daughter the entire estate? Is that possible?

Yes, it is possible.

I don't believe my fathers will qualifies for "probate" as he clearly instructed how and where his property was to go.

Probate is the legal process for implementing the instructions. Unless probate is undertaken, his instructions don't mean much. If all his assets were owned jointly with right of survivorship or had named beneficiaries, then there might not be a need for probate. Of course, if that is the case, then the instructions in the will don't mean anything.

 

[Dandy Don]

The stipulation about what happens after she passes is poorly written language and not legally enforceable. His will has no power over what SHE does with her assets after he has died, but he probably didn't know that. She has the right to rewrite her will at any time and leave her assets to whoever she pleases.

If there are any assets that do not have designated beneficiaries, then probate is needed to properly distribute these assets to WHOEVER is the beneficiary, spouse included. So the will does need to be probated, and if you have any doubt about that, please consult with a probate attorney.

 

[justalayman]

well, contrary to dandy dons assertions, depending on the actual will(s) of the two, the stepmom may be locked into acting as has been agreed upon unless she goes to some great lengths to attempt to change it.

IF (and I stress IF) the couple entered into a joint will, the unions (dad and stepmom) desires will be held to control the assets long after dad has passed.

there is also the possibility of a mutual will which is also binding but each of the testators would have individual wills but agreeing to abide by the directives included in the others will.

the fact both wills (would apparently remove the possbility of a joint will) are identical, they may be mutual wills.

there is also the possibility of mirror wills, which, as in this case, the directives are the same but there is no binding clause that would prevent either party that survives the other from altering their will at some time in the future.

You need to determine if the wills were mutual wills or simply mirror wills.

and, as anteater stated, you do need to probate a will so it can be implemented.

 

[ladybg1]

one other thing to note is that in Fla if real estate is involved, you will need to file probate to clear the titles on the property & it has to be Formal Probate which requies using a lawyer. This will be necessary even if it is only husband & wife on the current property titles. Since you will have to use an atty anyway, they can answer these other questions.