Ownership of business after death when left in will.

UPDATED: Jun 14, 2009

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Ownership of business after death when left in will.

A couple is married 30 years and the husband dies.  The will leaves everything including a self owned business to wife.  After brain tumor diagnosis and massive meds, it seems the husband took self and the wife off of LLC giving it solely to one son. Does the will then become void as to the wife’s rights in the business?

Asked on June 14, 2009 under Estate Planning, California


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

If the "gift" no longer exists when the will is probated, then yes, it is gone.  Question is if he was of sound mind when he gifted to son.

I am assuming this is a step mother and son situation?

Call the estate attorney, try www.attorneypages.com and check his or her record at the California State Bar under attorney search at www.calbar.ca.gov.

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