What happens if someone remarries without updating their Will?
Question Details:
My father passed over 12 years ago. My parents made wills several years before he passed. Very simple and straightforward. Everything went to the surviving spouse. If they were not living, it came to me (their only child) and my husband. My mother has not revised her will, even though she has since remarried (5 years ago). Her health is diminishing. What right does her husband have to the family estate?
Wills, Trusts, Probate Law Answers
If a will fails to name or provide for a spouse, the spouse must receive a portion of the testator's estate as provided by Tennessee law (this is known as an "elective share); unless it appears either from the will or from other evidence that the omission was intentional.
Quite honestly, your mother should consult with an attorney about how best to protect all interests upon distribution of her estate. This area of the law can get complicated and you want to make sure that her wishes are carried out as she wants them to be.
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