will dad's new wife inherit? NY will/TN residence

[Lil'Worried]

my mother in law died (age 56) in march 2000. she and my father in law live in tennessee - however, their wills were drawn up in new york (where we live) years ago, leaving everything to their two children upon their death (we have never seen the actual will). my father in law just remarried (after dating a woman for 8 weeks) - although he is still very deep in grieving. (we're not to sure what this woman's intentions are)he's not in the best of health, and i'm wondering what would happen if he passes away? would everything my mother in law worked so hard for be left to a woman she didn't know instead of to her own children as she had intended? (i don't think my father in law knows he should have a will done in tn and thinks the ny will stands) between property and stocks, my father in law's worth is approx $400,000. my husband is uncomfortable talking to his dad about this, but i think it's important that we know where we stand if something were to happen. my mother in law was always so adamant to pay down on the house so the kids wouldn't have to......it's now mortgage free. please advise.

 

[ALawyer]

You have every right to be worried.

While everyone grieves differently and while it may depend on whther the death was sudden or known long in advance, getting married to someone you have known for only 8 weeks is NOT normal. Getting remarried after 18 months is - actually I recall seeing some studies (that may or may not be accurate) that 50% of all widowers remarry within 2 years.

The fact that he moved from NY to TN does not make the NY Will invalid, but in most circumstances it does make sense to do a new will when one changes state of residence as each state has its own idosyncracies and a new will, designed for that state makes probate that much easier and aviods the need to find and get affidavits or testimony from the original witnesses who probably are still in NY should the need arise.

What happens on remarriage vary by state. The laws of his state govern. In nearly all states the spouse has a right of election to take a portion of the deceased's property -- with or without a will, unless there was a pre-marital agreement waiving that right. In others there is no such right.

In some states remarriage changes the disposition directions of the old will too. He needs a new Will, and like it or not, your husband may want to discuss this so the new wife doesn't wind up getting it all. By the way, if he were to put the house in "both their names" she would, regardless of what the Will says. If you put it in the context of should there be a divorce - for any reason - he might lose a good part of his assets too, he might better understand things and it wouldn''t look so much as if your husband is greedy, is counting the money and can't wait until he drops dead and also wants to screw the new wife. And make sure the insurance beneficiary designations are also changed.

 

[Lil'Worried]

Thank you so much for the advice. My husband "will have to" talk to his father.