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
0 users found helpful
0 attorneys agreed

Re: will and living will

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

Read more
Answered on 3/26/09, 10:50 am
Motty Stone Law Offices of Motty Stone
0 users found helpful
0 attorneys agreed

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.

Read more
Answered on 3/26/09, 10:53 am

Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Illinois

Looking for something else?

Get Free Legal Advice

89033 active attorneys ready to answer your legal questions today.

Probate, Trusts, Wills & Estates Legal Forms

Browse and download our attorney-prepared and up-to-date legal forms from $4.99

Find a Legal Form

Featured Attorneys

Anthony SmithLawSmithLee's Summit, MO
Glen AshmanAshman Law OfficeAtlanta, GA
Timothy McCormickLibris Solutions - Dispute Resolution ServicesSan Francisco, CA
Find An Attorney

Are you an Attorney?

Earn additional revenue and grow your business. Join LawGuru Now