Doing my Will

[softy515]

What is the name of your state (only U.S. law)? PA

Not wanting to leave my kid is a big ole mess like I am currently in, I just had a Will drawn up.

And after the fact, I wondered something:

I am currently single. I left everything to my daughter. (I have one child) Everything will be in a trust until she is 25. (She is 20)

Now, were I to get married and not change the will, would everything still go to my daughter and by pass a husband? I am pretty sure that is the case but thought I should double check.

 

[anteater]

Now, were I to get married and not change the will, would everything still go to my daughter and by pass a husband? I am pretty sure that is the case but thought I should double check.

It depends upon how you and the surviving spouse own assets - solely or jointly in a fashion that provides right of survivorship, whether you place the new spouse as a designated beneficiary on any accounts/contracts, and whether the surviving spouse exercises a right to a statutory share of your estate.

You can read a good article at:

http://www.pennsylvaniatrustsandestates.com/2010/05/what-does-a-surviving-spouse-i.html

 

[Mass_Shyster]

Now, were I to get married and not change the will, would everything still go to my daughter and by pass a husband? I am pretty sure that is the case but thought I should double check.

If the will is executed, daughter would get everything, but the will could be contested. Your widower would have standing to contest the will. If you do re-marry, you should probably re-do your will.

 

[anteater]

If the will is executed, daughter would get everything, but the will could be contested. Your widower would have standing to contest the will. If you do re-marry, you should probably re-do your will.

It would not actually be a "contest." But the surviving spouse has certain statutory rights that he/she can choose to exercise.

 

[softy515]

So were I to get married I would have to write the will up, stating he gets nothing if that is what I want?

 

[anteater]

So were I to get married I would have to write the will up, stating he gets nothing if that is what I want?

You can certainly do that, but unless you also do a pre- or post-nuptial agreement to that effect, he can choose to take a surviving spouse's elective share. The states have decided that it is not good public policy to potentially leave a surviving spouse high and dry involuntarily. Every state has some sort of surviving spouse elective share statute.

The article that I mentioned above has a pretty good everyday language explanation:

http://www.pennsylvaniatrustsandestates.com/2010/05/what-does-a-surviving-spouse-i.html