Stubborn Mother In-law

[connjmail]

What is the name of your state? Connecticut

My soon to be Mother In-Law was recently remarried. Her original will leaves everything (just land and house, mortgage-free) to my girlfriend (the executrix) and my girlfriend's sister (currently a minor). I understand that her remarriage voids the previous will.

She is giving us a hard time about drawing up a new will. My understanding is that if she died today, her new husband would get the first $100k and her two children would split the remainder. From what I am told she wants the land and house to go to her children, per original will.

My question is: Assuming she draws up a new will bearing original intentions, can the new husband make a claim to the property because a prenuptial agreement was never introduced?

Thanks very much.
Ferd

 

[Pfaffing85690]

I understand that her remarriage voids the previous will.

You understand wrong.

 

[dakoto70]

I would

shot the person who told you this. That is why they have wills. Now if she makes out a second one it voids the first one so watch what you wish for.

 

[divgradcurl]

When a coupe divorces, then any gifts in a will naming the ex-spouse are voided (unless the will is re-executed after the divorce). When a couple marries, any prior will is still in force; however, the new spouse who is not named in the original will may be entitled to their "intestate" share of the estate, and those named in the will would divide up whatever was left via the will provisions.

 

[Dandy Don]

Please advise your soon-to-be mother in law (or ask your fiancee to talk to her) that it is vitally important for her to consult with a probate attorney to get her will revised and to find out now exactly what her new husband would be entitled to from her estate. If her will is not written correctly, her estate could be divided in a manner that is different from what she intended. There are ways to accomplish what she wants to do but she needs legal advice to make sure it is done properly, and it can be done for a reasonable cost (probably a few hundred dollars) if she is under the mistaken impression that it might be exorbitantly expensive.

 

[connjmail]

Thank You

She just had an appointment with her attorney. Her will was updated.
Thanks divgradcurl and Dandy Don.