After one spouse dies, can surviving spouse change the will?

[allfiredup]

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


My parents (which is how I refer to my step-father and my mother) created a will leaving all assets to the surviving spouse if either of them died. The will also states that after the death of the surviving spouse, the assets would be distributed equally between their five combined children (his three and her two).

Can the surviving spouse change the will after the death of the first spouse?

 

[Zigner]

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


My parents (which is how I refer to my step-father and my mother) created a will leaving all assets to the surviving spouse if either of them died. The will also states that after the death of the surviving spouse, the assets would be distributed equally between their five combined children (his three and her two).

Can the surviving spouse change the will after the death of the first spouse?

The surviving spouse is free to do what s/he wants with his/her own property.

 

[tranquility]

The surviving spouse is free to do what s/he wants with his/her own property.

Maybe. I don't know much about them as we don't have them in CA and Latigo usually pops up with the theory, but, Georgia has the concept of a "Joint or Mutual" will contract. A joint will can be revoked by either testator, but such a contract as at the link seems like it cannot.

http://law.justia.com/codes/georgia/2010/title-53/chapter-4/article-4/53-4-30/

 

[Zigner]

Maybe. I don't know much about them as we don't have them in CA and Latigo usually pops up with the theory, but, Georgia has the concept of a "Joint or Mutual" will contract. A joint will can be revoked by either testator, but such a contract as at the link seems like it cannot.

http://law.justia.com/codes/georgia/2010/title-53/chapter-4/article-4/53-4-30/

I hedged my bets by wording my answer above as I did, but I won't fall back on that.

I agree that my statement above was overly broad/vague. The testators (both of whom are still living) should have their will reviewed by legal counsel to make sure that it accurately reflects their actual wishes.