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FATHER IS REMARRIED, IS WILL EFFECTED?

GRIP04
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Post #1 of 2 (4939 views)

FATHER IS REMARRIED, IS WILL EFFECTED?

MY FATHER RECENTLY GOT REMARRIED TO A WOMAN HE MET ONLINE, HE FLEW TO RENO TO MEET HER AND MARRIED. HIS WILL PREVIOUS TO THIS EVENT INCLUDED THAT MY SISTER AND I INHERIT ALL ASSETS. DOES THIS REMARRIAGE EFFECT HOW ASSETS ARE DIVIDED, IS THE NEW WIFE ENTITLED TO MY FATHERS ASSETS NOW? WE LIVE IN NEW YORK BUT HE WILL MOST LIKLEY MOVE TO RENO, ARE THERE LAWS IN NEVADA OR NEW YORK ENTITLING HIS NEW WIFE TO ASSESTS EVEN THOUGH HIS WISHES ARE FOR HIS CHILDREN TO INHERIT ASSESTS SOLELY? HIS WISHES HAVEN'T CHANGED SHOULD HE DRAW UP A NEW WILL TO MAKE SURE HIS CHILDREN ARE THE SOLE BENIFITERS TO HIS ESTATE?

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GettingRemarried.com Legal Advisor

Post #2 of 2 (4927 views)

Re: [GRIP04] FATHER IS REMARRIED, IS WILL EFFECTED? [In reply to]

In most states a surviving spose can not be completely disinherited. The fact that your father and his new wife relocate to Nevada should be further cause for concern as Nevada is a community property state and that makes things more difficult to potentially sort out at the time of your father's death. Typically, property owned by one spouse before marriage will continue to be defined as seperate property which can be left to anyone; it wouldn't necessarily have to go to the surviving spouse. However, any money earned during the marriage, items bought with money earned during the marriage and seperate property that has become so mixed with community property will be considered community property to which the survivng spouse it entitled to half. However, your father does not need to accept these rules. He can sign a written agreement with his new spouse which defines some or all property as seperate property of one or the other. Unfortunately, although we would normally tell you to see the advice of an attorney for a matter like this the sad fact is that this is a matter that your father will have to address as no attorney can give you adequate advice without knowing all details of all seperate property brought into the marriage, what the intentions of the couple are as far as spending their seperate property (purchased real estate jointly?) and where they finally decide to settle.

Good Luck...
M. Giordano
Legal Advisor