Legal Question in Wills and Trusts in Illinois

will and living will

Father and Mother have a will form 48 yrs ago. They both did a living will 10-15 yrs ago. If Father passes away can Mother then rewrite the will or the living will?

Both, will and living will, state, upon both of thier deaths, all belongings will be divided among the children.

Asked on 3/26/09, 10:39 am

2 Answers from Attorneys

Thomas Moens Moens Law Offices, Chartered
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Re: will and living will

Yes, she can execute a new will or living will at any time.

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3/26/09, 10:50 am
Motty Stone Law Offices of Motty Stone
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Re: will and living will

Usually the answer is no unless the beneficiaries consent. When you have a joint will, each of the people signing (Mom and Dad) is dividing his or her assets based on the other signers doing the same. For that reason, one signer can't change her mind after the other has died since the one who died can't likewise change his will.

But, if the will concerns new assets (stuff that Mom obtained after Dad died) then the situation is different and there is more room to maneuver.

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3/26/09, 10:53 am

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