If I make a will now so my children will have my home when I remarry, does that void my will?

Question

I am a widow. I own my own home.  I also have grown children.  I am about to remarry.

Jayne Sebby · Answer

It doesn't matter if you remarry.  Whoever is listed as a beneficiary in your will is who will receive the bequest.  However, some states permit a surviving spouse to receive a portion of an estate, even if he or she is not mentioned in the will.

John Groshon · Answer

If you prepare a will and bequeath property to your named children in the will, and then you get married again, the fact that you got remarried does not void the bequest of property to your named children in the will.  However, under North Carolina law, a spouse has a right to claim an "elective share" of property from his or her deceased spouse, regardless of the provisions of the deceased spouse's will.  Therefore, if you have left everything to your children, and then you get remarried and later die, then your new spouse will still have a right to receive a certain amount of your property upon your death, if they choose to so elect against the provisions of your will.

Georges Shers · Answer

If you make a proper Will, the only thing that "voids" it is making a new Will that states the old one is no longer valid. You can always make changes to your Will by making an amendment (codicil). Be sure to leave copies and the original in locations where it can be found on your death. If you live in a community property state (states that before were territories of Mexico), you need to be careful to make all house payments out of your own personal funds or the house may be considered commingled and your new husband will own a share of it. You should read some books written in non-lawyer language, such as those from Nolo Press, to gain some more understanding as to your situation. It would be worthwhile to then go to an attorney who handles probate matters to have him/her go over with you want should be in your Will so that your wishes are carried out.

James Frederick · Answer

You cannot disinherit a spouse in Michigan by Will. That is because Michigan law allows a spouse to "elect to take against the Will." This would allow him to take a percentage of the house, which, depending on its value, might be all of it. There are other ways to protect your children, but I would strongly advise you to consult with an estate planning attorney before you get married. It is especially important to get your estate planning in order, in situations like yours.

Frances Headley · Answer

You would be better off to make the will after your remarriage. You should consult an estate planning attorney to review all of the facts and advise you.

Norman Green · Answer

Your will must mention your husband. For example: I have 3 children, namely A, B and C. I am about to marry H. I give my home to my children, share and share alike.

Edwin K. Niles · Answer

You should sign a new will after you marry, just so there is no question.

James Malinowski · Answer

Making a new Will is going to void the previous Will. However, if you live in Michigan, you are not able to disinherit your spouse. A spouse has the ability to take his o her statutory share of your estate, which could be as much as half of your estate. The better option to consider is a Living Trust which will avoid probate and the option of the spouse to get half of your house.

James Oberholtzer · Answer

In a way, getting married has the effect of revoking your Will. Your new spouse has a legal right to take a portion of your estate in spite of what your Will says. The simplest solution would be to put the property into trust before you marry. Then it will not be part of your estate.

Bernard H. Greenberg · Answer

No, marriage does not void your Will. However, before you do marry, you should visit with an attorney who specializes in estate planning to understand what rights your spouse may have to your estate should you die first.

Richard Keyes · Answer

In Missouri, remarrying does not void a will. However, your new husband would have rights to assets in your name only. Your husband could "take against the will" meaning that he could say that he is entitled to half of your estate for failing to mention him in the will or updating the will after marriage. The best way around this is to do a prenuptial agreement prior to your marriage. You each have to be represented by separate attorneys and make a full disclosure of your assets.

Brian Haggerty · Answer

The will you make now needs to say that you are making it while contemplating marriage, and that you intend that the marriage will not revoke your will. Be aware, though, that your new spouse will have rights in your estate; for any second marriage situation you should see an estate planning attorney to work through a plan to make sure that your assets pass as you intend. There are many ways, both deliberate and inadvertent, that your kids can be disinherited by your subsequent marriage.

Thomas Edward Gates · Answer

You getting remarried will not void your will.

Erven Nelson · Answer

You could do a codicil (or amendment) to your current will. Better yet, you could use a trust or new deed to make sure that the house goes to your children. The best would be to set up a trust with you as the trustee and beneficiary during your lifetime, and your children as the beneficiaries upon your death. Then, transfer the house to the trust.

Victor Waid · Answer

Seek the assistance of a good probate/estate planning lawyer to prepare a will for you. If you have q will now, the will, will need to be amended naming your new husband, and what your intentions are as to him. If no will now, then the fact you have a new husband will need to be identified in the will and your intentions as to him will need to be stated.

James Chandler · Answer

I would suggest that you see an attorney and get a prenuptial agreement.

Patrick Currin · Answer

Making a new will revokes all prior wills. You might want to use a trust instead to avoid probate.

Dara J. Goldsmith · Answer

You should either do the Will after you marry, so you do not omit him, or establish a trust at this time. You really should meet with an estate planning attorney to address what you want to happen. You may want to live your new spouse a life estate, etc. Also you may want to consider a prenuptial agreement.

Mark T. Peters · Answer

It doesn't void the will, but the marriage may give your husband certain rights to your property, depending on the state you live in. You are a prime example of the usefulness of pre-nuptial agreements. If you and your future husband agreed ahead of time that he has no interest in the house, that will make things easier. I suggest you talk with a local attorney about how best to preserve what you want to do.

Christine James · Answer

You can make a new will at any time. Make sure it references your pending marriage so your spouse is not considered unintentionally omitted. If you can wait until after you marry, that would be better. Know that your new husband may gain an interest in that property over time so consider a pre-nuptial agreement or a community property agreement. You could benefit from the assistance of an attorney.

Randall Romei · Answer

A spouse has a right of renunciation. Renunciation allows the spouse to claim 1/3 of the estate (if the deceased has descendants or if no descendants) regardless of the terms of the will. Renunciation rights do not apply to assets held in a living trust. Create a living trust with the children as beneficiaries and the spousal right of renunciation will not affect the disposition to the children.

Paul Belanger · Answer

Latest will in date takes over from prior wills.

James Maguire · Answer

Remarriage will not void your current will, but you may wish to review it considering the remarriage.

Maura Curran · Answer

Your question is not clear if you make a will does it void a will. If you remarry you and your new spouse will need to execute a prenuptial agreement as to the terms of property upon death or divorce. This way it is clear to both what to expect. It is very common to prepare such an agreement especially when you have a subsequent marriage and when one marries later in life. Having the prenup will allow you to do what you want with your property at death as long as it is in the prenup. Best to hire an attorney to help you and explain fully all your rights and duties.

Edward Armstrong · Answer

If you make a will now to leave your home to your children his subsequent marriage won't void the will because a spouse has the right to elect to take against the will if the provisions you haven't made for that spouse are insufficient. There's a number of ways that you can handle this situation. You can prepare a beneficiary deed to your children to take effect only on your death. You could record that deed now and should anything happen to you between the time the deed is recorded and the time you remarry the house would be your children's. It's more probable however that you will have remarried at some point after that deed is recorded. One way to avoid the situation created by the marriage would be to prepare a new beneficiary deed after the marriage deeding the house to the children not having your new spouse also sign the deed. Even though that new spouse is not an owner of the property his signature on the new deed is an indication that he waves his spousal rights in the property. You should have a lawyer help you with this.

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If I make a will now so my children will have my home when I remarry, does that void my will?

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