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wills and prenuptial agreements

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michi455

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

My husband passed away and I had my Will redone. In my new Will I leave all my assets (House, money, etc.) to my 3 children. In case I should ever remarry is their money protected by the Will or do I need to have a prenuptial drawn up.
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? NY

My husband passed away and I had my Will redone. In my new Will I leave all my assets (House, money, etc.) to my 3 children. In case I should ever remarry is their money protected by the Will or do I need to have a prenuptial drawn up.
You should speak with a local estate planning attorney.
 

anteater

Senior Member
I agree with Zig, but to expand a bit...

You do not have to provide for your spouse in your will. However, a surviving spouse does have the option of electing to take a share of the deceased spouse's estate - variously called a surviving spouse's elective share, electing against the will, taking against the will, etc. If I recall correctly, in New York the elective share is the first $50,000 plus 1/3 (or maybe it is 1/2) of the remainder of the estate.

Therefore, if you wish to ensure that your entire estate go only to your children, then you do need something more than a will.
 

michi455

Junior Member
Thanks for your answers. Then I assume a Will does not protect my children entirely so if I do remarry I will certainly see a lawyer to have the papers drawn up to protect what I feel should rightfully be theirs.
 

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