Does a marriage take precedence over a Will?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Does a marriage take precedence over a Will?

My husband had a Will drawn before we met. If he should die, does it supersede my rights by virtue of our marriage? The house is in both of our names but we have separate bank accounts.

Asked on July 3, 2013 under Estate Planning, Connecticut

Answers:

Anne Brady / Law Office of Anne Brady

Answered 10 years ago | Contributor

Unlike my home state of Arizona, Connecticut is not a community property state, so you do not have a right under the law to half of the property acquired during the marriage, only those things that are in your name.  So, if the house is in both your names and he dies, you will own half of it.  The other half will be owned by whoever he left it to.  For example, if he left everything he owned to his children from a previous marriage in equal shares, they will jointly own half of your house.  You would own your bank account, and they would inherit his bank account.  A will always trumps rules of intestacy, since those rules are only there for when there is no will.  If your husband no longer want his property divided according to the terms of his will, he should change it.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption