QUESTION
Does a marriage change an old will?
Asked on Apr 23rd, 2018 on Wills and Probate - California
More details to this question:
My father-in-law Made his will while in the Navy in 1988. He met and got with my mother-in-law in 1998 and they got married in 2008.. my father-in-law never got around to updating his will and passed away suddenly on April 12th 2018. His will from 1988 leaves everything to his children and they want to kick my mother-in-law out of her home and sell the house. Is there anything she can do about it? Her name was not on the house due to the fact my father-in-law wanted to have it refinanced in 2016 and her credit wouldn't allow him to do it with her on it
1 ANSWER
Estate Litigation Attorney serving Redlands, CA
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When he married after making his will, his wife became an omitted spouse. An omitted spouse is entitled to her intestate share of the estate, even though there is a will prior to marriage. She needs an attorney to file a probate petition and a petition to determine heirship.
Answered on Apr 27th, 2018 at 1:32 PM