Can my husband’s dad write my husband out of the Will that he and his wife jointly prepared before she died?

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Can my husband’s dad write my husband out of the Will that he and his wife jointly prepared before she died?

My husband is the oldest of four children, he and his father got into a fight

shortly before his mom passed he is now saying that he is going right him out of

the will, can he legally do that?

Asked on August 11, 2016 under Estate Planning, Maine

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If the jointly prepared will was not based on some type of contract, then usually the surviving spouse can and does have the right to change their will.  This means that your husband's dad can add or delete any individuals from his will.


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