Marriage After Existing Will

[h8mongrel]

What is the name of your state? Minnesota

My dad had a will drawn up 5 years ago and was recently diagnosed will ALS. In his will, all his assets were to go to my brother and me. He has now decided to marry his girlfriend of 15 years. They already own a house together and are in title as "Tenants in Common." I do not think my dad knows the ramifications the marriage and I'm uncertain myself. I've been told he needs to update his will. I've also been told that the spouse can go after half the money even if he updates the will. What can be done so that there is no ugly battle over money when my dad dies?

 

[BoredAtty]

What is the name of your state? Minnesota

My dad had a will drawn up 5 years ago and was recently diagnosed will ALS. In his will, all his assets were to go to my brother and me. He has now decided to marry his girlfriend of 15 years. They already own a house together and are in title as "Tenants in Common." I do not think my dad knows the ramifications the marriage and I'm uncertain myself. I've been told he needs to update his will. I've also been told that the spouse can go after half the money even if he updates the will. What can be done so that there is no ugly battle over money when my dad dies?

If your father does not update the will, his estate will probably be divided as the will states (See Section 524.2-301). However, that does not ensure that there won't be an ugly battle over money. A clearly written will that unambiguously communicates your father's wishes is the best defense against such battles.