QUESTION
Do I need to change the will now that I’m married or my wife will be entitled to everything regardless of the will?
Asked on Mar 09th, 2013 on Estate Planning - California
More details to this question:
I have a will that leaves everything to a friend. I just got married recently.
29 ANSWERS
In light of your recent marriage, you need to review your entire estate plan. The will should be changed immediately, or your wife may get nothing. You should also consider preparing a trust.
Answered on Apr 01st, 2013 at 3:07 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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You need to change your will; seek the assistance of probate counsel to amend your will to show a change in your legal status and the fact you now have a wife, and what the disposition to your wife would be if you decease.
Answered on Mar 12th, 2013 at 7:50 PM
Edwin K. Niles
Yes, time for an up-date.
Answered on Mar 12th, 2013 at 7:49 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Marriage revokes a will in Oregon. You should do a new will.
Answered on Mar 12th, 2013 at 7:42 PM
One should always update his/her estate plan when life happens. In this case it would be essential to have a new estate plan to address your current situation.
Answered on Mar 11th, 2013 at 2:41 PM
You should see a lawyer and have the will reviewed, a spouse cannot be disinherited. However, the will may not gift your estate the way you want as it stands.
Answered on Mar 11th, 2013 at 2:41 PM
Yes, you should change your will. As your estate will have both community and separate property in it you would be wise to change your will to update your status and wishes.
Answered on Mar 11th, 2013 at 2:41 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You need to change the will. You may have property separate from any community property that will go to your friend despite the marriage. For example, if you own the house in your own name and do not retitle it to you and your wife, he might be able to keep the house.
Answered on Mar 11th, 2013 at 2:40 PM
Estate Planning Attorney serving Provo, UT
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Randy M. Lish, Attorney at Law
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When you get married, you definitely need to get our estate plan updated. Titling to property is key, not whether you rare married or not.
Answered on Mar 11th, 2013 at 2:40 PM
Personal Injury Attorney serving Overland Park, KS
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Ankerholz & Smith
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According to Kansas law, you will need to revise your Will. Contact an experienced estate planning attorney.
Answered on Mar 11th, 2013 at 2:39 PM
3 Awards
To avoid a contest, save lots of legal fees and valuable time, and hard feelings, please update your Will! You friend and wife will be far better served.
Answered on Mar 11th, 2013 at 2:39 PM
Criminal Law Attorney serving Sacramento, CA
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Alison Elle Aleman
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It is advisable to change your will to update your circumstances, i.e., that you are re-married now. If you leave any mention of your wife out, she might be able to convince a court that you were not of sound mind because you forgot to mention her!
Answered on Mar 11th, 2013 at 2:39 PM
Elder Law Attorney serving Hollister, CA
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Charles R. Perry
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You should definitely change your will. Your wife will NOT get all of your estate if you do not change it.
Answered on Mar 11th, 2013 at 2:39 PM
Federal Taxation Attorney serving Livonia, MI
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Gold & Associates PC
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You need to redo your estate plan including your will.
Answered on Mar 11th, 2013 at 2:38 PM
Take the time to change your will. As it is now when you die, your friend will inherit all of your assets and your wife will get nothing. She will have to go to court to get whatever percentage your state statutes grant to a surviving spouse (maybe 25% to 33%).
Answered on Mar 11th, 2013 at 2:38 PM
You should change your Will and go through an entire estate planning process. There is more to do than just your Will.
Answered on Mar 11th, 2013 at 2:38 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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Yes
Answered on Mar 11th, 2013 at 2:37 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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You definitely want to change the Will. The Will only applies to assets titled in your name alone. So if you have everything joint with your wife, then she would receive it, in spite of the existing Will. But if some of your assets are in your name alone, then she would need to elect to take against the Will, take as a pretermitted spouse, or let your friend have the property. If you intend to have your wife at the front of the line, then you should redo the Will. You also want to make sure you have durable power of attorney forms in place, so you can take care of each other if either one of your becomes incapacitated.
Answered on Mar 11th, 2013 at 2:37 PM
Probate & Trust Attorney serving Seminole, FL
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Law Offices of Phillip Day, P.L.
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Need to change will. Florida law has an elective share for a disinherited spouse but that is not 100% of the estate. If you do not change your will, you may not like the results. Contact an estate planning attorney and he or she will explain the advantages of having a correctly drafted will.
Answered on Mar 11th, 2013 at 2:37 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You absolutely must change the will.
Answered on Mar 11th, 2013 at 2:37 PM
Real Property Attorney serving Utica, MI
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Douglas A. Tull, P.C. Attorney at Law
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You really should revoke your old will and execute a new one naming your new wife. While he may have a statutory right to elect to take against your will, she will only receiver 1/2 of what her ordinary intestate share would have been under state law.
Answered on Mar 11th, 2013 at 2:36 PM
2 Awards
What you brought to the marriage will not automatically go to your wife absent a new will. If you want her to have everything you should do a new will.
Answered on Mar 11th, 2013 at 2:36 PM
Business Law Attorney serving Livonia, MI
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Gerald A. Bagazinski
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Yes absolutely. What if you you and your wife should die? Children?
Answered on Mar 11th, 2013 at 2:35 PM
You should have your estate plan reviewed and probably revised.
Answered on Mar 11th, 2013 at 2:34 PM
2 Awards
Change your will. NOW. Your will is not invalidated by a subsequent marriage.
Answered on Mar 11th, 2013 at 2:34 PM
You need to do a new Will immediately. Your Wife is at risk.
Answered on Mar 11th, 2013 at 2:34 PM
Probate Attorney serving St. Louis, MO
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Edward L. Armstrong, P.C.
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Now would be an excellent time to revise your will. Your wife would have the right to elect to take against your estate (notwithstanding the will leaving everything to a friend). It would be advantageous, however, to have a new will prepared making the appropriate provisions for your wife.
Answered on Mar 11th, 2013 at 2:33 PM
Because you have remarried, I would recommend consulting with an attorney to review your estate plan. Whether or not you plan to leave anything to your wife, the fact of your remarriage could affect the current distribution arrangements you have in place.
Answered on Mar 11th, 2013 at 2:33 PM
If your will leaves everything to a friend that friend will still take under the will. Your wife may have a right to 50% of the estate as community property, however that would be dependent on the characterization of the property that was placed in the will. If you want to leave everything to your wife it would be advisable to change your will or make a trust leaving your property to whom you wish.
Answered on Mar 11th, 2013 at 2:32 PM