Charles M. Schiff, Attorney at Law | Charles M. Schiff
You have statutory rights as a surviving spouse that take precedence over his Will. You need to find someone in your state to explain your rights as they are going to be dependent on your state's laws.
Answer Applies to: Minnesota
Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
Unless the will says he is planning to marry, and that the will is not to be revoked, then the marriage revoked the will. You inherit half and his son inherits half. (Oregon answer, based only on the facts you stated).
Answer Applies to: Oregon
Goldsmith & Guymon | Dara Goldsmith
That is a complicated questions. It depends upon many things, i.e., does he have a trust, what are the value of the assets that would be subject to probate, do you have a prenuptial agreement? I urge you to speak with an attorney as well as your husband. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.
Answer Applies to: Nevada
Frederick & Frederick PLC | James P Frederick
It depends on your situation. How are your assets held? If everything is joint between you, then the Will is irrelevant. If all of the assets are in HIS name, then you would need to make an election to "take against the Will," and you would be entitled to 1/2 of your intestate share, which would be roughly the first $100k, plus 1/4 of the rest of the estate.
Answer Applies to: Michigan
Ashcraft & Ashcraft, Ltd. | Randall C. Romei
A spouse has rights to a spousal award and rights of renunciation. Renunciation of the will grants the spouse 1/3 of the decedent's estate if the decedent also has children. The spousal award can vary depending on the needs of the spouse.
Answer Applies to: Illinois
Richard J. Keyes Attorney at Law | Richard J. Keyes
In Missouri, if a testator fails to provide by will for his surviving spouse who married the testator after the execution of the will, the omitted spouse shall receive the same share of the estate he would have received if the decedent left no will, unless it appears from the will that the omission was intentional or that the testator provided for the spouse by transfer outside the will, and the intent that the transfer be in lieu of a testamentary provision is shown by statements of the testator, the amount of the transfer or other evidence. In your case, you would receive 50% of his estate. His estate is whatever in his name only, without any beneficiary designation. Therefore, if he has a joint account with his son, upon his death, the joint account is not part of the probate estate and you cannot elect to take against the will for this asset.
Answer Applies to: Missouri