Legal Question in Wills and Trusts in California
If a spouse draws up a will leaving their share to their spouse and then to her children from a previous marriage if the surviving spouse dies, can he change his will so that he leaves everything to his own children from a previous marriage, leaving the deceased spouse's children with nothing?
4 Answers from Attorneys
It sounds like the mother left everything outright to her spouse and her children were only beneficiaries if the spouse died first. That is legal. There is no general right to inherit from a parent. However, only an attorney reading the actual documents can give you a real opinion about what the document intended and how it should be interpreted.
Yes, unless the will left the assets "in trust" for the surviving spouse.
A will can be changed at any time, prior to the will maker's death, and it is irrelevant whether the will creates a trust or not.
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