Does a marriage nullify a Will?
Question Details:
If a couple were to get married and the spouse passes away after the marriage, would the marriage rules apply or his Will from 6 years ago?
Steven Fromm / Steven J Fromm & Associates, P.C.
Answered 1 year ago
This attorney is licensed in Pennsylvania
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The maker's last drafted will of six years ageo would be valid if it was his latest will and would be submitted to probate. However, most states have what is called a statutory forced share that allows a spouse to take 1/3 of the estate if the will does not provide for her. This may be a reason for having your spouse write a new will to provide for you fully and for more than 1/3 that you can demand by statute.
