Do I need to change the will now that I’m married or my wife will be entitled to everything regardless of the will? 41 Answers as of April 01, 2013

I have a will that leaves everything to a friend. I just got married recently.

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Durham Jones & Pinegar | Erven Nelson
In light of your recent marriage, you need to review your entire estate plan. The will should be changed immediately, or your wife may get nothing. You should also consider preparing a trust.
Answer Applies to: Nevada
Replied: 4/1/2013
Hamblin Law Office | Sally Hamblin
Due to the change of circumstances, changing the will is important.
Answer Applies to: Michigan
Replied: 3/13/2013
Law Office Of Victor Waid
Law Office Of Victor Waid | Victor Waid
You need to change your will; seek the assistance of probate counsel to amend your will to show a change in your legal status and the fact you now have a wife, and what the disposition to your wife would be if you decease.
Answer Applies to: California
Replied: 3/12/2013
Law Ofices of Edwin K. Niles | Edwin K. Niles
Yes, time for an up-date.
Answer Applies to: California
Replied: 3/12/2013
Minor, Bandonis and Haggerty, P.C.
Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
Marriage revokes a will in Oregon. You should do a new will.
Answer Applies to: Oregon
Replied: 3/12/2013
    The Krone Law Firm, LLC | Norman B. Krone
    The answer to this varies by jurisdiction, but in Florida your wife would be entitled to 50% of your estate. Why don't you have a new will prepared setting forth what your desires are?
    Answer Applies to: Florida
    Replied: 3/12/2013
    Law Offices of Frances Headley | Frances Headley
    Yes, you should change your will. As your estate will have both community and separate property in it you would be wise to change your will to update your status and wishes.
    Answer Applies to: California
    Replied: 3/11/2013
    Stephens Gourley & Bywater | David A. Stephens
    You should change your will, if you want your wife to inherit.
    Answer Applies to: Nevada
    Replied: 3/11/2013
    Estrada Law P.C. | Michele Ungvarsky
    You should see a lawyer and have the will reviewed, a spouse cannot be disinherited. However, the will may not gift your estate the way you want as it stands.
    Answer Applies to: New Mexico
    Replied: 3/11/2013
    Law Office of Nathaniel Landman | Nathaniel Landman
    One should always update his/her estate plan when life happens. In this case it would be essential to have a new estate plan to address your current situation.
    Answer Applies to: Missouri
    Replied: 3/11/2013
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    It depends on the state where you live. If it is a community property state, the wife has rights to all community property and in some states, someone who becomes a spouse after the will is written has rights to property. You should consult an estate planning attorney as to what is required to keep your will as is.
    Answer Applies to: California
    Replied: 3/11/2013
    Gateway Legal Group | Christian J. Albut
    If your will leaves everything to a friend that friend will still take under the will. Your wife may have a right to 50% of the estate as community property, however that would be dependent on the characterization of the property that was placed in the will. If you want to leave everything to your wife it would be advisable to change your will or make a trust leaving your property to whom you wish.
    Answer Applies to: California
    Replied: 3/11/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    You need to change the will. You may have property separate from any community property that will go to your friend despite the marriage. For example, if you own the house in your own name and do not retitle it to you and your wife, he might be able to keep the house.
    Answer Applies to: Idaho
    Replied: 3/11/2013
    Randy M. Lish, Attorney at Law | Randy M. Lish
    When you get married, you definitely need to get our estate plan updated. Titling to property is key, not whether you rare married or not.
    Answer Applies to: Utah
    Replied: 3/11/2013
    Alison Elle Aleman, Attorney & Counselor at Law
    Alison Elle Aleman, Attorney & Counselor at Law | Alison Elle Aleman
    It is advisable to change your will to update your circumstances, i.e., that you are re-married now. If you leave any mention of your wife out, she might be able to convince a court that you were not of sound mind because you forgot to mention her!
    Answer Applies to: California
    Replied: 3/11/2013
    Law Offices of Charles R. Perry
    Law Offices of Charles R. Perry | Charles R. Perry
    You should definitely change your will. Your wife will NOT get all of your estate if you do not change it.
    Answer Applies to: California
    Replied: 3/11/2013
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    To avoid a contest, save lots of legal fees and valuable time, and hard feelings, please update your Will! You friend and wife will be far better served.
    Answer Applies to: Nevada
    Replied: 3/11/2013
    Ankerholz and Smith
    Ankerholz and Smith | Rian F. Ankerholz
    According to Kansas law, you will need to revise your Will. Contact an experienced estate planning attorney.
    Answer Applies to: Kansas
    Replied: 3/11/2013
    GOLD & ASSOCIATES, P.C.
    GOLD & ASSOCIATES, P.C. | KENNETH GOLD
    You need to redo your estate plan including your will.
    Answer Applies to: Michigan
    Replied: 3/11/2013
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    Take the time to change your will. As it is now when you die, your friend will inherit all of your assets and your wife will get nothing. She will have to go to court to get whatever percentage your state statutes grant to a surviving spouse (maybe 25% to 33%).
    Answer Applies to: Nebraska
    Replied: 3/11/2013
    James Oberholtzer, Attorney at Law
    James Oberholtzer, Attorney at Law | James Oberholtzer
    You should change your Will and go through an entire estate planning process. There is more to do than just your Will.
    Answer Applies to: Oregon
    Replied: 3/11/2013
    Frederick & Frederick PLC | James P Frederick
    You definitely want to change the Will. The Will only applies to assets titled in your name alone. So if you have everything joint with your wife, then she would receive it, in spite of the existing Will. But if some of your assets are in your name alone, then she would need to elect to take against the Will, take as a pretermitted spouse, or let your friend have the property. If you intend to have your wife at the front of the line, then you should redo the Will. You also want to make sure you have durable power of attorney forms in place, so you can take care of each other if either one of your becomes incapacitated.
    Answer Applies to: Michigan
    Replied: 3/11/2013
    Law Offices of Phillip Day
    Law Offices of Phillip Day | Phillip Day
    Need to change will. Florida law has an elective share for a disinherited spouse but that is not 100% of the estate. If you do not change your will, you may not like the results. Contact an estate planning attorney and he or she will explain the advantages of having a correctly drafted will.
    Answer Applies to: Florida
    Replied: 3/11/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    You absolutely must change the will.
    Answer Applies to: Michigan
    Replied: 3/11/2013
    Irsfeld, Irsfeld & Younger LLP | Norman H. Green
    Yes
    Answer Applies to: California
    Replied: 3/11/2013
    James Law Group
    James Law Group | Christine James
    What you brought to the marriage will not automatically go to your wife absent a new will. If you want her to have everything you should do a new will.
    Answer Applies to: California
    Replied: 3/11/2013
    DOUGLAS A. TULL, P.C.
    DOUGLAS A. TULL, P.C. | Douglas A. Tull
    You really should revoke your old will and execute a new one naming your new wife. While he may have a statutory right to elect to take against your will, she will only receiver 1/2 of what her ordinary intestate share would have been under state law.
    Answer Applies to: Michigan
    Replied: 3/11/2013
    O'Keefe Legal Services, L.L.C.
    O'Keefe Legal Services, L.L.C. | Sean P. O'Keefe
    In Maryland, if you want to leave everything that might pass through your will to your wife, then you will need to update or revoke your present will that leaves everything to your friend.
    Answer Applies to: Maryland
    Replied: 3/11/2013
    Law Office of Pamela Braynon | Pamela Y. Braynon
    The will will rule once you pass. So you will need to change the will if you wish to include your wife.
    Answer Applies to: Florida
    Replied: 3/11/2013
    Donaldson Stewart, PC
    Donaldson Stewart, PC | Monica H. Donaldson Stewart
    Because you have remarried, I would recommend consulting with an attorney to review your estate plan. Whether or not you plan to leave anything to your wife, the fact of your remarriage could affect the current distribution arrangements you have in place.
    Answer Applies to: Arizona
    Replied: 3/11/2013
    The Law Office of David L. Leon
    The Law Office of David L. Leon | David L. Leon
    Change your will. NOW. Your will is not invalidated by a subsequent marriage.
    Answer Applies to: Texas
    Replied: 3/11/2013
    Danville Law Group | Scott Jordan
    You will need to make changes.
    Answer Applies to: California
    Replied: 3/11/2013
    Martin Barnes - Attorney at Law
    Martin Barnes - Attorney at Law | Martin Barnes
    You should work with an attorney to revise your will so that you can be certain things would pass according to your wishes. Without a will to direct those matters you cant be sure.
    Answer Applies to: Indiana
    Replied: 3/11/2013
    Edward L. Armstrong, P.C. | Edward L. Armstrong
    Now would be an excellent time to revise your will. Your wife would have the right to elect to take against your estate (notwithstanding the will leaving everything to a friend). It would be advantageous, however, to have a new will prepared making the appropriate provisions for your wife.
    Answer Applies to: Missouri
    Replied: 3/11/2013
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