Will marital property laws override a will ?
My mother passed away 2 years ago. My father has met someone else and is contemplating marriage to her maybe within the next year. He is wanting to make up a will to be sure my mother's things are passed down to us kids upon his death. If he remarries will his will still stand or does it then too become marital property?
Your father, or you, need to check out the law regarding marital property and wills in the state where your father leaves. The majority of states follow what is called "common law." In most all common law states, a surviving spouse has the right to receive a certain portion of the deceased spouse's property, even if the deceased spouse's will provided otherwise. A minority of states, mostly in the west, follow "community property" law. In these states each spouse owns 50% of property the couple acquires (with a few exceptions) during the course of the marriage. Property either spouse owned as his or her separate property before the marriage remains the separate property of that spouse. (Unless that spouse decided to make it community property.)
In whatever state your father lives, I suggest it would be wise for him and his new "someone" to prepare what is called a "Prenuptial Agreement," providing that your mother's property remains owned solely by your father, as his separate property (which he can leave by his will), and the new "someone" agrees she has no interest in that property. Of course the two can also make any other property agreement they want to in their prenuptial agreement.
Your father could either hire a lawyer to prepare a prenuptial agreement, or he could save the lawyer's fees by using the excellent book,"Prenuptial Agreements," by Nolo Press (Berkeley, Ca.)
[Disclosure: I have written several books for Nolo, although I have no interest in "Prenuptial Agreements,"]
I've watched these will versus state laws conflicts play out for years. Many people feel there is something profoundly wrong with state law, community property or common law, or whatever laws, over-riding a will. Or a prenuptial-agreement, if you will. Their opinion is, shouldn't a person have the right to leave their assets and money to whomever they wish? Spouse or otherwise. It seems most people feel this way. I know a lot of heirs feel so strongly about this, given the particulars per situation, that, if they don't have savings or enough income to hire their own personal estate attorney after a parent or whomever passes away, many heirs will research in detail online for established inheritance loan companies that can furnish one of many types of inheritance loans or inheritance advance cash assignments... loans while waiting for inheritance, a loan on inheritance, with easy inheritance advance rates, and terms, low inheritance loan fees... and as soon as they can get approved for an inheritance advance while waiting for their inheritance in probate... Researching loans against inheritance, or loans based on inheritance, large or small inheritance loans, or 48 hour or 72 hour estate loans or probate loans; Or inheritance advance loans for Canadian heirs - advance inheritance funds for trusts in all Canadian regions, and 99% of American states. Plus inheritance loan advances, probate cash advance loan against real estate, or inheritance loans they can access in a few days from an experienced niche firm like the established www.heiradvance.com, or www.inheritanceadvance.com, or maybe www.inheritancenow.com, rather than waiting 12, 15, 18 months or more until probate ends to get access to their inheritance money -- if heirs have some problems with estate decisions, or other heirs. Those heirs who can’t afford their own lawyer will get a loan on inheritance, one of many inheritance loans -- a fast inheritance advance or probate loan to do just that. And then sparks often fly... but many heirs feel some conflict is better than allowing state laws they feel are unfair, to over-ride what they feel is in a will, and should be coming to them as an inheritance.
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