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What can my step-mother do if my father passes without updating his will?

What can my step-mother do if my father passes without updating his will?

Full question:

My father has a will but it is not updated to include his present wife. So the estate is to be divided between me and 2 siblings. What could my stepmother do if he doesn't update in time to not include us in the property? Does she have the right to do that? Because he has asked her to go renew the will with him and for some REASON she doesn't want to, so if this action is not took what grounds does she stand on to get it and leave us out of everything?

Category: Wills and Estates
Date: 04/07/2025
State: Georgia

Answer:

As long as a person has testamentary capacity, they may leave their property to whomever they wish. Please see the information at the following links:

http://definitions.uslegal.com/t/testamentary-capacity/

http://definitions.uslegal.com/u/undue-influence/

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Can the terms of a will be changed after death?

No, the terms of a will cannot be changed after the testator's death. Once a person passes away, their will is executed as it was written at the time of their death. Any changes to the distribution of the estate must be made while the testator is alive and has testamentary capacity.

What happens if your spouse dies and you are separated?

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Does a will override a living spouse?

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