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.
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.
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