When I die will my new wife get anything?

Question

I am a widower thinking of marrying a younger woman. I have a will giving everything to kids.

Erven Nelson · Answer

You should do some estate planning before you get married.  A will is not enough, and would lead to probate court.  You should do a trust through a good estate planning attorney.

Brian Haggerty · Answer

Marriage revokes your will. So, you should do a new will after you marry. Even if your new will says you leave all to your children, your spouse will have certain rights in your estate, to support, to live in the house you share for a time, and to a percentage of your estate which will increase the longer you are married. Your beloved may also want to think long and hard before marrying. Marriage comes with a lot of legal entanglements which are based on the plain-vanilla high-school-sweethearts-marry-and-have-babies vision of the old Dick and Jane story books. Marriage often is a very bad fit for relationships not of this storybook kind.

James Weiner · Answer

Have your new wife sign a prenuputual agreementand redo your will after you marry

Charles Perry · Answer

You need to speak to a lawyer about your estate planning needs, to   make sure your assets go where you want them to.  You may want to have   a prenuptial agreement with your future wife to avoid any problems.    You may also want to execute a new will after your marriage that in   detail explains what is to happen to your assets.  Above all else, however, you should meet with a lawyer to discuss your   situation.

Susan Wideman · Answer

You will is not sufficient to protect your children.  Under Michigan law, your wife has the right to elect against the Will.  You need to see an attorney for more comprehensive planning if you want to protect your children.

Mark T. Peters · Answer

It doesnt sound like it, although she may be entitled to about $60,000 of your separate property.  If you have not, I suggest you talk to an attorney about how you want to handle your estate.

Edwin K. Niles · Answer

It would be a good idea to update your will to recognize your new wife (to be) so that she cannot claim that you forgot her.  You dont have to leave her anything.  Her only claim might be as to community property, i.e., property earned during the marriage.

Frances Headley · Answer

She would be entitled to have of any community property that you accumulated.  You should discuss this with an estate planning attorney to review your will and your wishes and determine what is best.

Gerald Bagazinski · Answer

You need a prenuptial agreement.She can elect against your will or exercise her dower rights. If she elects her dower rights, she gets 1/3 of any real estate you own. If she elects against your will, she gets her exempt property allowance, homestead allowance and marital allowance.  I would also recommend the establishment of a trust.

Randy Lish · Answer

In most states, the current spouse is entitled to a certain portion of the estate, even if there is a will.  The best way to prevent a spouse from taking contrary to the terms you set up is to have a prenuptial agreement in place, and to make sure that you make provisions for your spouse through an insurance policy, other assets, and a trust.  What you want to do will determine what approach is best, but you definitely need to start with a valid prenuptial agreement.

Douglas Tull · Answer

You are a candidate for an updated estate plan - your circumstances will drastically change when/if you remarry - and to make it clear what you want to have happen and avoid potential costly legal battles, it is best to update and change your plan - perhaps a trust which protects some assets for your children, but also takes care of your new wife if you predecease her.

Richard Keyes · Answer

In Missouri, your new wife can elect to take against the will and get a share of your estate because the will was executed prior to your marriage. This way, she can get something.  Based on my experience, I believe that the two of you should talk about a prenuptial agreement so that you each know the others assets and what you would be entitled to after the death of the first spouse.  You should also execute a new estate plan after marriage, including durable powers of attorney for health care, so your children and new wife have no dispute over your health care should you become incapacitate.

Jeffrey Lisnow · Answer

I suggest you discuss this in detail with an experienced attorney.  The fee for a consultation may be well worth the investment.

John Brennan · Answer

You will need to rewrite you estate plan as the marriage will create new rights in your new wife.

James Oberholtzer · Answer

You wife gets a percentage based on the numbers of years that you are married.  The maximum is 1/3 after 14 years of marriage.

Kathleen Delacy · Answer

In Delaware if you have a will before you remarry your wife could be entitled to a % of your estate.

Don Rosenberg · Answer

Yes, your new wife will be able to elect against the will and receive a share.  If you want to ensure that your new wife does not receive anything, then you need to establish a trust.  You cannot disinherit a spouse through a will.   If there ever was a time to establish a trust now is the time.

James Frederick · Answer

No. Your wife would be able to elect a portion of whatever assets pass through your probate estate. If you do not have a probate estate, she might wind up with nothing. If that is not what you would want, you need to make some adjustments to your estate plan.

Victor Waid · Answer

Once you are married, you will need to restate your will; you should consider a trust in conjunction with the new will.  However, please consider having a prenup agreement prepared beforeeso as to limit you exposure re a future division of your assets that may not be to your liking or to your children's liking on your death. New wives obtain rights on marriage.

Brian O'Keefe · Answer

In Michigan a married woman has a dower interest allowing her to make a claim against her husbands estate.  In order to be sure that a husbands assets are distributed according to his desires, a good estate plan must be created.

Norman Green · Answer

If you do not make a new will, then she will get all of any community property and one-third of your separate property.  If you dont want her to get a third, then make a new will specifying what, if anything, she is to get.

Christine James · Answer

If you leave her something or if there is a community property interest that accrues during your marriage.  Otherwise no.

Dara J. Goldsmith · Answer

If your Will predates your wife yes.  Even if your Will post dates your wife, maybe.  You may want to consider a trust.  You should speak with an attorney in your area about your options.

James Maguire · Answer

New wife will not receive any of your assets unless she is named in your   will.

Bernard H. Greenberg · Answer

Yes, your new wife is entitled to a portion of your estate regardless of what your Will says. This is called the elective marital share. This can be waived by your new wife in a valid marital agreement. Since this can be a complex area, please visit with an attorney who specializes in estate planning.

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