If a divorced man’s Will is made out to his daughter and he then remarries, is his Will still valid at the time of his death or does his new wife have any legal rights to his estate?

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If a divorced man’s Will is made out to his daughter and he then remarries, is his Will still valid at the time of his death or does his new wife have any legal rights to his estate?

Asked on July 31, 2017 under Estate Planning, Mississippi

Answers:

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

Answered 3 years ago | Contributor

The Will it is not automatically voided by remarriage. That having been said, most states have what is called the "spousal elective share". Basically, if a married person attempts to disinherit their spouse in their Will (or leaves them less than their statutory share), she may set the Will aside and choose to take an "elective share". This is the portion to which a surving spouse would normally be entitled to under the state's laws of intestate succession. For further information you can consult directly with a local probate attorney.


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