Is a Poor over will to a trust void after you marry, if it was prepared before you were married. this is the case with my dad who is now deceased.

Asked on June 25, 2009 under Estate Planning, California

Answers:

J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Generally, in most common law jurisdictions, a will is void if it was made prior to a marriage, unless it appears from the will that it was made in contemplation of the marriage. A new will must be executed after a marriage takes place.

Although you should check with a local attorney on the specifics because I am not admitted to practice in CA and I do not know where the Will was created and where your father resided. So based on what jurisdiction will control you  should contact a local attorney to ask about whether that jurisdiction revokes a Will after marriage. But in general a Will is revoked upon a marriage and that would apply to a pour over Will. A trust sometimes can survive but not from a pour over Will. Again please call a local representative to verify the specifics for the correct state law governing this transaction and Good luck with everything.


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