If my husband wrote a Will before we were married and he dies, will it be legally binding since it was written before our marriage?

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If my husband wrote a Will before we were married and he dies, will it be legally binding since it was written before our marriage?

He is going in for dangerous heart surgery. Should he have a new Will written or does our marriage supercede the Will?

Asked on May 26, 2012 under Estate Planning, Ohio

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It is very good of you to think ahead at this stressful time.  It is a good idea for you to have him re write his Will.  Certain things will indeed change because you are now married but you would have to perhaps "elect" against the Will depending and that is not something you need to deal with.  All assets jointly held would pass to you automatically should anything happen.  Good luck with everything.   


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