Can a family member change a Will after the person has passed away?

UPDATED: Jul 1, 2012

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Can a family member change a Will after the person has passed away?

My father passed away and now I have aunts and uncles wanting some more of my dad’s money. My grandma is still alive and her Will was wrote saying that all the property goes to my dad and my dad’s Will says that it goes to me. Now other family think that it should be split up in to thirds. But my dad lived and worked the farm all of his life. I helped as much as I can but no other family has worked on the farm.

Asked on July 1, 2012 under Estate Planning, Minnesota


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your loss.  If your grandmother has not passed away then the property is still in her estate (belongs to her) and has yet to transfer to your Father's estate.  How the property will be left will now be determined by what your grandmother's Will says about pre-deceased beneficiaries.  A Will can only be changed by the person who makes it so it can not be changed after death.  Please take a copy of your Father's Will and your Grandmother's Will to an attorney to review and let you know what the status is.  Good luck.

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