Can a spouse change his spouse’s will after he/she dies?
- David Greene
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First let me remind everyone that each person must have his or her own will. A husband and wife cannot have a joint will. In short, a will cannot be changed or altered by anyone after the maker of the will dies. The most the remaining spouse could do would be to file a petition in Probate Court for a Spousal Share of the deceased’s estate, but this can only be done if he is left out of the will entirely. This spousal share is limited to one-third (1/3) of the deceased’s probate assets and is a complicated process. He must file his petition within a certain amount of time after the death and the share is diminished by gifts made to him before death. The better way to proceed in a blended or second marriage is to create a family trust where each party can provide for his/her children without fear of their desires being changed after death.