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Does my previous Will still stand once remarried?

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OShellO

Junior Member
What is the name of your state (only U.S. law)? Calif
I have a will that was created before I was remarried. The will deeds everything to my two children equally. When I was remarried, I did have a prenuptial agreement made and signed (however, not down by a professional lawyer). Since being remarried, I have not drafted a new will that includes my new spouse. If I was to die today, would my spouse be entitled to everything or would everything go to my children (as mentioned in my will prior to marriage?)
We have purchased our current home and vacation home outright with joint assets. How would that be divided or would my spouse take all?
 


OShellO

Junior Member
Your spouse would "take it all". Is that what you were planning?
I assumed that my will would come into play and my children would get "most" since I had a prenup signed. So my children get nothing, and spouse takes all? And if HE doesn't have a will, when he passes, everything goes to HIS children, correct?
 

FlyingRon

Senior Member
I assumed that my will would come into play and my children would get "most" since I had a prenup signed. So my children get nothing, and spouse takes all? And if HE doesn't have a will, when he passes, everything goes to HIS children, correct?
JTWROS means that the surviving joint owner gets it, without any concern of will or probate, on the death of the other owner.

The rules for intestate succession (where property goes when you don't have a will) in California say that stuff subject to probate (i.e, things other than joint tenants or in trusts or things with a designated beneficiary) have two categories.

The spouse gets all the community property, that is stuff purchased during their marriage. The "separate property" such as stuff inherited before marriage, is split between the spouse and children (the ratio depends on whether it's a single child or multiple ones).
 

Ohiogal

Queen Bee
Even with a will, the spouse can take the intestate share of the estate -- the house/homes would NOT pass through the estate since it is/they are titled JTWRS. The survivor would get it all.
 

LdiJ

Senior Member
I assumed that my will would come into play and my children would get "most" since I had a prenup signed. So my children get nothing, and spouse takes all? And if HE doesn't have a will, when he passes, everything goes to HIS children, correct?
Just to be clear, the homes would belong to your spouse. They pass outside of your estate and therefore are not part of the assets that you can leave to someone in your will.

The rest of your assets would go to your children, unless your spouse challenges your will in order to take his/her intestate share.
 

curb1

Senior Member
It was very important to have settled this before buying the real estate. You are kind of at the mercy of spouse to make changes at this point. Good luck with that one.
 

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