If my husband had a will prior to our marriage, what am I entitled to if he passes away before he changes his will to include me? 21 Answers as of January 30, 2014

He has a son and 2 grandchildren.

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Donais Law Offices, PLLC
Donais Law Offices, PLLC | Craig Donais
If you are his spouse, you are entitled to claim a statutory share before the remaining distributions are made to other beneficiaries.
Answer Applies to: New Hampshire
Replied: 1/30/2014
Strickland Law, PLLC
Strickland Law, PLLC | Jeffrey S. Strickland
You would be entitled to an elective share of his estate (10-40%), which would be based upon the length of your marriage at the time of his death.
Answer Applies to: Tennessee
Replied: 1/28/2014
Charles M. Schiff, Attorney at Law
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
Replied: 1/28/2014
Kirby G. Moss PC | Kirby G. Moss
As the 2nd childless spouse, you can elect against the will a share of 25% of the estate subject to certain restrictions. Consult a lawyer.
Answer Applies to: Indiana
Replied: 1/28/2014
Irsfeld, Irsfeld & Younger LLP | Norman H. Green
All the community property plus one-third of the rest.
Answer Applies to: California
Replied: 1/28/2014
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    You should be entitled to a widow's share per the intestate statute of the estate regarding inheritance.
    Answer Applies to: California
    Replied: 1/28/2014
    Minor, Bandonis and Haggerty, P.C.
    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
    Replied: 1/28/2014
    Goldsmith & Guymon
    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
    Replied: 1/28/2014
    Donald T. Scher & Associates, P.C.
    Donald T. Scher & Associates, P.C. | DONALD SCHER
    His last valid Will is the one that will control. If he does not make a new Will to include you, the court will conclude that he did not want to change his Will.
    Answer Applies to: Arizona
    Replied: 1/28/2014
    Danville Law Group | Scott Jordan
    You would be entitled to one-half of the community property, i.e. any property you purchased after you were married.
    Answer Applies to: California
    Replied: 1/28/2014
    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
    Replied: 1/28/2014
    Law Office of Pamela Braynon | Pamela Y. Braynon
    That will, will rule if presented in probate court. If you are not a beneficiary in that will, you will receive nothing.
    Answer Applies to: Florida
    Replied: 1/28/2014
    Gates' Law, PLLC | Thomas E. Gates
    You will need to retain a probate attorney to assist you. You are deemed a forgotten spouse and can claim part of his estate.
    Answer Applies to: Washington
    Replied: 1/28/2014
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    Depending on whether you bought property together, you will be entitled to about $60,000 worth of his separate property and half of the community property.
    Answer Applies to: Idaho
    Replied: 1/28/2014
    James Law Group
    James Law Group | Christine James
    Probably something but it depends upon how long you guys were married and the nature of the property (community vs. separate). See an attorney.
    Answer Applies to: California
    Replied: 1/28/2014
    David Kass | David Kass
    Under NYS law 1/3 of his estate.
    Answer Applies to: New York
    Replied: 1/28/2014
    The Law Office of David L. Leon
    The Law Office of David L. Leon | David L. Leon
    1/2 of the community property plus life estate in 1/3 of the real property.
    Answer Applies to: Texas
    Replied: 1/28/2014
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    The terms of the will determine the distribution of the estate. However, many states also allow the surviving spouse a small portion of of the deceased spouse's assets.
    Answer Applies to: Nebraska
    Replied: 1/28/2014
    Ashcraft & Ashcraft, Ltd.
    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
    Replied: 1/28/2014
    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
    Replied: 1/28/2014
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    See an attorney, in Michigan you will have a widows election, if there is a probate estate.
    Answer Applies to: Michigan
    Replied: 1/28/2014
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