Legal Question in Wills and Trusts in California

If a husband and wife have a will made up together and the husband dies first and everything was left to the wife then when the wife dies a few years later can that same will still be used or would she have had to make a new one?


Asked on 2/11/16, 1:38 am

1 Answer from Attorneys

Well the way your question is set up the wife has already died; so she clearly can't make a new one. It seems what you are asking, though, is whether a surviving spouse needs to make a new will after the other spouse dies. That depends on how the first will was drafted and whether it still calls for her estate to go where she wants it to go now that her husband is dead. If a husband and wife have their wills made up together or make sure they are coordinated if drawn up at different times, the wills will provide for what happens if one spouse predeceases the other. If they are not coordinated like that, however, a lawyer would have to look at the wife's will to see if it remains adequate or not.

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Answered on 2/11/16, 8:17 am


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