Morehead, KY asked in Probate and Estate Planning for Kentucky

Q: My mother passed away 3 yrs.ago.She had mirror wills with my stepfather. My stepfather now wants to change his will.

Is it legal to chane the wills now,after her death?

Thank you in advance for your response

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2 Lawyer Answers
Anthony M. Avery
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Estate Planning Lawyer
  • Knoxville, TN

A: He can always execute a new Will, but disappointed legatees/devisees might contest the Will when Probated. The argument is a mutual will under contract, but it is hard to prove and win on. It can also be hard to effectively revoke the existing document, if he does not have possession of it.

Timothy Denison agrees with this answer

Timothy Denison
Timothy Denison
  • Estate Planning Lawyer
  • Louisville, KY
  • Licensed in Kentucky

A: Possibly, depending on the language of the will. However, disenfranchised beneficiaries under the original wills may file suit and contest the new will.

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