Q: My husband is in declining health. If he passes away before me, can I have our will changed? My husband has terminal cancer. We were married five years ago. This was a second marriage for both of us. When we had our will made, we divided everything equally between his two “adopted” adult daughters and my two biological children. In recent months his adult daughters have proven without a doubt that all they are after is money. His, mine and whatever they can get their hands on. I recently found out that they were foster children that he took in as teenagers and were never legally adopted. He refuses to change the will. My mother is very concerned about my future inheritance from my family, getting into the hands of these two women. Do you have any suggestions? I actually considered divorce.
A: Estate planning for second marriages with children from a prior marriage, is always difficult. No one can really advise you without looking at these wills. Are you are saying that you have traditional husband and wife wills where, you inherit from each other, then when the survivor dies, the estate his divided between his daughters and your daughters? If so, yes, when he dies you can make a new will. It runs contrary what you agreed with him, and he may come back to haunt you, however, you are free to change your will as you desire. If my assumption about what the will says is correct or incorrect, you nonetheless should consult with an attorney so you are fully advised of your options.