Issues With a New Marriage and an Outdated Will

 

Question:

I am 57 years old and I have three adult children. I have been divorced from their father for 17 years. My Will distributes my estate equally between my three children. I would like to remarry, if I do, how will this affect my Will?

Answer:

A Last Will and Testament that was signed before your new marriage, and that is not updated after your new marriage is distributed as follows:

Your new husband will be entitled to receive 1/3 of your estate and your children will divide 2/3?s of your estate unless: (a) your post-marital Last Will and Testament clearly indicates that you leave nothing to your husband; (b) you provide for your husband outside of your estate (for example, by making him a beneficiary of a bank account or a life insurance policy) and there is clear evidence that said outside gift is intended by you to be in lieu of any gift provided by your estate; or (c) your new husband signed a valid agreement waiving any rights he may have in your estate.

It is best to hire an attorney to prepare a prenuptial agreement which would address, among many other things, a waiver of your new-husband’s statutory rights outlined above.