Legal Question in Wills and Trusts in California
Will validity and rightful heirs
Is a will written by an unmarried person valid after person gets married and that person dies? Does new widow own property that was owned by deceased before marriage? (Widow does not have a new will). The property was willed to the now deceased person by father who originally was leaving the property to all the siblings. The deceased person did not follow father's wishes and was going to give the property away to charity (will that was written before he got married). Do the siblings have any rights to obtain property?
1 Answer from Attorneys
Re: Will validity and rightful heirs
Generally, the terms of the original will will remain in place, but the surviving spouse will have rights as a pretermitted spouse. The will must be reviewed as well as information as to when the marriage took place, if there was a prenuptual agreement, etc.