Elwood, IN asked in Estate Planning for Indiana

Q: Does a widow's Will negate her husband's Will?

Dad died. His Will says that when mom dies the 2 kids get equal shares. Mom's Will says 1 kid gets all when she dies. Which Will holds precedence upon mom's death.

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1 Lawyer Answer
Alexander Florian Steciuch
Alexander Florian Steciuch
Answered
  • Estate Planning Lawyer
  • Valparaiso, IN
  • Licensed in Indiana

A: Assuming that your father's will is read as 'everything to my wife and when my wife dies, to the two children,' your mother's will is going to be controlling in this situation. Once your father passed away and it left everything to your mother, your mother now owns that property outright. When your mother passes away, her Will will be controlling because it is her property to control.

This is assuming a lot on how your father's will is worded. I recommend having an estate planning or probate attorney sit down and review the will.

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