Illinois  |  Wills and Trusts

Legal Question

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

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.

2 Answers


Answered on: 3/26/09, 10:50 am by Thomas Moens

Re: will and living will

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


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Moens Law Offices, Chartered 1523 52nd Avenue Moline, IL 61265

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Answered on: 3/26/09, 10:53 am by Motty Stone

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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Law Offices of Motty Stone 6207 N Sacramento Ave Chicago, IL 60659

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