Will Change

[Jamaican]

Jurisdiction

Arizona

Hi, I'm a widower whose late husband and I have accrued a nice financial nest egg through investments. During the time that we were married to each other we did not have any kids of our own, he has a daughter from a previous marriage and I myself have a very close niece that I support financially because she has provided me with much assistance in getting around and help at my home. During the time that my husband was alive he had promised to give his only daughter a monetary amount of his money which I did not agree with because of the nonexistent relationship between the two of us, he did put her in the Will.

After my husband's death a few years had passed but around year 2 I decided to remove his daughter from the Will and name my niece as sole recipient of all my assets upon my death. Since my husband's death I've never heard from his daughter or any of his family members to date, to check to see how I'm doing.

My concern and question is, upon my death will my late husband's daughter have any legal rights to challenge the will that has since changed? If she can challenge the Will how can that impact my niece getting any of my assets?

 

[army judge]

My concern and question is, upon my death will my late husband's daughter have any legal rights to challenge the will that has since changed? If she can challenge the Will how can that impact my niece getting any of my assets?

You have no legal duty to give anyone any of your assets upon your death.

If she sues your estate, nothing you can do anyway.

If you dislike such a prospect, GIFT the majority of your estate to your niece NOW, or bit by bit as the months go by.

 

[adjusterjack]

I decided to remove his daughter from the Will

Wait a minute. What will? You can't change your husband's will after he's dead. If he made a bequest to his daughter, it was supposed to be honored at the time of his death.

You're skating on thin ice here. I suggest you consult a probate attorney before the ice breaks and you fall in and drown.

Obviously, I'm speaking metaphorically so the answer is, yes, his daughter can claim her inheritance from YOU if you screwed up and didn't comply with your late husband's bequest at the time of his death.

 

[zddoodah]

During the time that my husband was alive he had promised to give his only daughter a monetary amount of his money which I did not agree with because of the nonexistent relationship between the two of us, he did put her in the Will.

After my husband's death a few years had passed but around year 2 I decided to remove his daughter from the Will

What does "the Will" mean? Are you talking about his will or your will? Or did you have some sort of joint will (which is very uncommon)?

You cannot (legally) change your spouse's will, and you certainly cannot do it after he has died. You can change your will all you want. However, if you had some sort of joint will, your legal ability to change it after his death may have been limited or non-existent.

Since my husband's death I've never heard from his daughter or any of his family members to date

Since his daughter was named in "the will" that existed at the time of his death, did you probate his estate, and did his daughter receive whatever it was "the will" said she was to receive? Sound like the answer to both parts of this is no. If that's right, why didn't those things happen?

My concern and question is, upon my death will my late husband's daughter have any legal rights to challenge the will that has since changed?

Depends on how you answer my first set of questions above.

If she can challenge the Will how can that impact my niece getting any of my assets?

I would assume the answer to this question is rather obvious.