Legal Question in Wills and Trusts in California

does marriage effect prior will?

If you have mentioned a registered domestic partner in your will, then you later marry that person and they become your spouse, does their position as spouse entitle them to spouse rights of community/quasi/separate property/etc. , that being your intention, or are they still bound by the will and you should therefore amend it?


Asked on 7/17/08, 6:06 pm

1 Answer from Attorneys

Mitchell Roth MW Roth, Professional Law Corporation

Re: does marriage effect prior will?

You should consider amending the will. But, a will has no effect until its maker dies. And then is is akin to a letter to the judge. I suggest that you create a living trust package instead for lots of reasons. You can get all the information you need about how and why to do this yourself from my plain English, written for laymen, not lawyers, book, Create Your Legacy & Save the American Middle Class. You can get it at Amazon.com or www.IWant2CreateMyLegacy.com.

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Answered on 7/19/08, 2:44 pm


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