If I have an elderly father in ill health living looking to get married and I’m currently listed in his Will, when he marries am I out of an inheritance?

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If I have an elderly father in ill health living looking to get married and I’m currently listed in his Will, when he marries am I out of an inheritance?

If he changes his Will to give his new wife everything, can I contest and do I have a leg to stand on?

Asked on February 2, 2015 under Estate Planning, New York

Answers:

Christine Socrates / Christine Sabio Socrates, Atty at Law

Answered 6 years ago | Contributor

You may be out of an inheritance if he has executes a valid will and leaves everything to his new wife.  If he marries and passes away and does not make a new will, his new wife/surviving spouse may elect to take against the will and get her statutory share.  Your father should execute a new estate plan that involves a new will and a trust and place his assets in the trust so he can provide for his new wife and also protect the inheritance of his natural and/or adopted children.  


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