Does this become voided?

New York.

My mother passed away in May of 2000, my father then re-wrote his will shortly after her death. Now, he is planning on remarrying, if he does not re-write his will again, what happens in the case of his death? Does his will that he wrote before he got remarried become voided? Would she be able to contest the will? She is currently not included in the will and there is a "no contesting or your out of the will" clause in the will. Is there anything I can do before he remarries to protect the estate?
Any info is greatly appreciated.

Anybody?

Do you know if your state recognizes "elective shares" or "widow's share"? I don't know much about NY, but I believe in my state those will (or did at one time) override the existing will.

What about a pre-nup to protect the existing estate?

You might want to just run this by a local lawyer. Many offer free initial consultations to get you in the door.

Good luck!

justathought said:

Do you know if your state recognizes "elective shares" or "widow's share"? I don't know much about NY, but I believe in my state those will (or did at one time) override the existing will.

What about a pre-nup to protect the existing estate?

You might want to just run this by a local lawyer. Many offer free initial consultations to get you in the door.

Good luck!

Click to expand...

Thanks for the info.

As for the pre-nup, would never happen. My dad is too trusting. The woman has been a friend for many years so he doesn't seem to think she would do anything (because she said she wouldn't want anything, but I have seen some of the horror stories on here). I have tried talking to him and telling him he should rewrite his will if they get married, give her whatever share he see's fit and just get everything straight before it becomes complicated, but I don't think he will. It's just money anyway, but I'd rather see it go to a charity than to someone who does not deserve it.

I will look into talking to a lawyer.

Thanks again.