Can I still change my will if my beneficiary died?

Llk asked...

I out lived my only child that I left everything to her and if she dies everything goes to her husband then to their adopted children. I don't know what he has had me sign off to but he is now executor of my will. Can I change my will and can I appoint someone else as executor I still have a brother and 2 sisters living that I might want to include. I didn't think I would outlive my only child.

Expert Answer

Yours is definitely a sad situation. Yes, you can change you will after a beneficiary dies. Indeed, you can change your will at any time, for any reason. You can change your will to name a new executor,and/or to name new beneficiaries. The best thing to do is prepare a new will that expresses your current wishes and desires. In your new will you state that you revoke all wills your have previously made. That invalidates your earlier will.

I don't know what document your daughter's husband had you sign, but I cannot see how it could possibly prevent you from preparing a new will. However, you should get a copy of that document, and see what it says. You may want to revoke that document too.