• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Is my wife's will binding?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

zBernie

Junior Member
What is the name of your state (only U.S. law)?
Pennsylvania

My wife and I just celebrated our 10 year wedding anniversary. She told me that she has a will from before we were married, in which she leaves everything to her only brother. If my wife passed away, would that will still be binding? Or does our marriage supercede the will, and being her husband, I would become her beneficiary?
 


I'mTheFather

Senior Member
Happy Anniversary, I guess. Seems like an odd topic for a couple celebrating a milestone anniversary.

Your wife's will does not become invalid simply because she got married; however, you would have a claim on a third of her estate regardless of the will. Of course, that answer assumes many things and may be incorrect depending on the particulars.
 

LdiJ

Senior Member
What is the name of your state (only U.S. law)?
Pennsylvania

My wife and I just celebrated our 10 year wedding anniversary. She told me that she has a will from before we were married, in which she leaves everything to her only brother. If my wife passed away, would that will still be binding? Or does our marriage supercede the will, and being her husband, I would become her beneficiary?
Its not one or the other. Anything that you and your wife own jointly, would automatically go to you for the most part. There can be some odd exceptions. As far as her separate property is concerned, you would have a claim for a spouse's intestate portion, even if there was a will leaving everything to a third party.

Anything that has a named beneficiary (life insurance, retirement accounts etc) will go to that beneficiary, outside of the estate.
 
Last edited:

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top