How do we remove my mothers name from my dads will? 12 Answers as of September 21, 2011

Is this a joint will? If so, contact an attorney.

It all depends upon on what your mom's Will says. Oftentimes when someone dies a Will does not need to be changed. It is a good idea to have her Will reviewed. Your mother is the person who needs to change her Will. If she is a senior citizen, the attorneys at the Senior Citizen Law Project will assist her with a simple Will for free. If she does not qualify for their service, she should seek assistance from a qualified attorney to make sure her wishes are carried out. No death certificate is necessary, but your mother must have the requisite capacity to make a Will.

The only way your father's name can be removed from your mother's Will is for your Mother to sign an amendment or a new Will. However, it is not mandatory that this be done. If the Will is probated at your mother's death, the court will see that your father pre-deceased her and then the assets will go to the next person(s) listed in the Will (or the next person listed in the Will behind your father will serve as personal representative). If there is no one listed behind your father, that would be a good reason to have a new Will done. Your mother should probably check with her attorney to see if he/she thinks a new Will needs to be done.

Your mother should take the will to an estate planning attorney to determine whether the will can easily be amended or she should execute new estate planning documents.

Generally a will will take a death into consideration, but she can make a new will if the will does not do what you want. You might review the will with a FL estate planning lawyer to see if any changes are necessary. We would be happy to review it no charge to see if any changes are necessary

You do not "remove" a persons name from a Will. There should be language in the Will that states what happens when a named person predeceases the other. You should consult an attorney to review her Will.

You will be probating the will, so the original will be filed with the court. If your mom doesn't change her desires, the same will could later be used to probate her estate.

Removing his name isn't necessary if they were still married upon death. Any rights that might have been his pass to the proper next issue.

I do not understand how both individuals can be in the same will as a will is for an individual. If both names are on the same will, you need to make an appointment with an attorney to get this straighted out as there are more issues than a new will for her.