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Does a Will Created Before We Married Need to be Renewed?

Does a Will Created Before We Married Need to be Renewed?

Full question:

My husband and I made wills 2 years prior to our marriage. In those wills we left our entire residuary estate to each other. Both wills are identical in stating that if we do not bequeath anything to our listed children, that the omission is intentional. We then married and did not renew the wills as we felt that they would still apply in the event of our demise. The house we lived in was owned by him and his ex wife Annette. In the divorce, she quit claimed the house to him and subsequently filed for bankruptcy naming the mortgage in same bankruptcy. Now my husband has unexpectedly passed away and his ex wife has notified me that she feels that their daughter in common is entitled to 50% of the house and ALL of my husbands belongings. How much heartache am I going to suffer in court over this, or does the will take precedence and grant me sole ownership of the residence and my husbands clothing, belongings, etc...

Category: Wills and Estates
Subcategory: Probate
Date: 04/07/2025
State: Nevada

Answer:

We are unsure of the basis upon which the ex-wife is claiming a share of the estate. lIf he left a valid will, the property will pass according to the will. If the ex-wife quitclaimed the property to him, it was his to do what he wanted with in his will or by way of joint tenancy with right of survivorship, etc. If he was not the sole owner, and was a tenant in common, rather than a joint tenant with right of survivorship, then he could bequeath his share of the property in a will. If he was joint tenant with right of survivorship, the surviving owner(s) would automatically inherit his share. The liability for the mortgage is entirely separate from the property ownership and should have been assigned in the divorce. We suggest you contact a local attorney who can review all the facts and documents involved.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is the best type of will for a married couple?

The best type of will for a married couple often depends on their specific circumstances. A joint will is one option, where both spouses agree to a single document outlining their wishes. Alternatively, individual wills allow each spouse to specify their own terms. It's essential to consider how property is owned and any existing obligations to children or other beneficiaries. Consulting with an attorney can help determine the most suitable option based on your situation.

Does a will supersede marital property?

A will generally does not supersede marital property laws. In most states, marital property is jointly owned and passes to the surviving spouse regardless of a will. However, a will can dictate the distribution of separate property. It's crucial to understand how your state classifies property and how that interacts with your will. Consulting an attorney can provide clarity on how these laws apply to your situation.

How do wills work for married couples?

Wills for married couples outline how each spouse wishes to distribute their assets upon death. Typically, spouses leave their estates to each other, but they can also include provisions for children or other beneficiaries. If one spouse dies, the surviving spouse usually inherits the marital property, while separate property can be distributed according to the will. It's advisable for couples to review their wills periodically, especially after major life changes.

Should married couples each have their own will?

Yes, married couples should each have their own will. Individual wills allow each spouse to specify their wishes for their separate property and any specific bequests. This is particularly important if there are children from previous relationships or if the couple has unique assets. Having separate wills can help avoid conflicts and ensure that each spouse's wishes are honored.

Does a married couple need two wills?

While it's not legally required for a married couple to have two wills, it is often advisable. Each spouse having their own will allows them to specify how their individual assets should be distributed. This can help prevent confusion and potential disputes after one spouse passes away. Additionally, separate wills can address specific needs, such as children from previous relationships or unique assets. Consulting with an attorney can help determine the best approach.