If my husband had a Will before we were married, does that Will still stand or does our getting married change it?
Question Details: My husband left everything to his children from his first marriage and his mom is trustee; if something happens to his mom there is someone else appointed. Does the Will stand or change since he married me after he made it?
In Virginia, a spouse that is not mentioned in a WIll has what is known as a "right of election" against the Will. Under the law you are entitled not to be disinherited unless you did so voluntarily such as in a pre nup. The surviving spouse must file within 6 months from the date of probate of the will or the qualification of an administrator on the intestate estate a claim on the decedent’s "augmented" estate. Speak with your husband on the matter. Or an attorney. Good luck.
