If my husband had a Will before we were married, does that Will still stand or does our getting married change it?

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If my husband had a Will before we were married, does that Will still stand or does our getting married change it?

My husband left everything to his children from his first marriage and his mom is trustee; if something happens to his mom there is someone else appointed. Does the Will stand or change since he married me after he made it?

Asked on June 20, 2012 under Estate Planning, Virginia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

In Virginia, a spouse that is not mentioned in a WIll has what is known as a "right of election" against the Will.  Under the law you are entitled not to be disinherited unless you did so voluntarily such as in a pre nup.  The surviving spouse must file within 6 months from the date of probate of the will or the qualification of an administrator on the intestate estate a claim on the decedent’s "augmented" estate. Speak with your husband on the matter.  Or an attorney.  Good luck.


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