Does a spouse inherit everything even if there is a Will in force naming only children as heirs?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Does a spouse inherit everything even if there is a Will in force naming only children as heirs?
My father is 94 years old. After Mom died he had his Will changed and named my brother and I as sole beneficiaries. He has recently begun seeing a woman and was wondering if they married, how does that affect the Will?
Asked on May 6, 2016 under Estate Planning, Massachusetts
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
In most states, a surviving spouse cannot be disinherited; they are entitled to something known as an "elective share". Basically this means that they can elect against the Will (or intestate estate if there is no Will) and receive a share of the estate. This is the law so long as the survivng spouse and the deceased spouse were legally married at the time of death. In cases where a deceased spouse left children, the surviving spouse is entitled to receive 1/3 of the deceased spouse’s personal and real property, of which the surviving spouse is entitled to receive the first $25,000 outright and the remaining portion as a life estate or income interest.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.