If I get married is my previous will still legally valid

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If I get married is my previous will still legally valid

If I get married, is my existing will still legally valid.

Asked on May 16, 2019 under Estate Planning, Alaska

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Getting married does not affect an otherwise valid Will. That having been said, one spouse cannot leglly disinherit the other spouse. Accordingly, each state has its pwn rules regarding this. Many have what is called a spousal "elective share". This term describes a proportion of an estate which a surviving spouse may claim in place of what they were or were not left in their deceased spouse's Will. At this point, you may want to execute a new Will just to keep matters clear.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Getting married does not affect an otherwise valid Will. That having been said, one spouse cannot leglly disinherit the other spouse. Accordingly, each state has its pwn rules regarding this. Many have what is called a spousal "elective share". This term describes a proportion of an estate which a surviving spouse may claim in place of what they were or were not left in their deceased spouse's Will. At this point, you may want to execute a new Will just to keep matters clear.


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