Legal Question in Wills and Trusts in Michigan
80 year old Remarriage
Hello, my grandmother is 80 years old. She had a living will written up with my grandfather before he passed away 7 years ago. She wants to remarry next month. Her lawyer is saying she doesn't have to change anything in her wills or trusts, he says the new husband will not be entitled to anything and that everything will be distibuted according to the current will and trust. I find that very hard to believe. I thought that at least it would have to pass through probate. I hope he's right, but I'd like another opinion.
Thank you for your time.
Bryan
3 Answers from Attorneys
Re: 80 year old Remarriage
The information given by the attorney may be correct. However, a spouse is entitled to take a share of the estate outside of the Will. If it is the intent of your mother that her new husband receive nothing they should have a pre-nup dreafted. They should each have their own attorney to advise them on the pros and cons of a pre-nup. Without reviewing the documents of your mother's current estate plan no knowledgeable answer can be given to your question. I wish your mother well in her new marriage.
Re: 80 year old Remarriage
The answer to your question depends on how your grandmother has titled her assets. If the assets are in her individual name (with or without your grandfather) then there will be a problem. If your grandmother has titled her assets in the name of the Trust, then that document will control. Finally, she should also have a Pre-Nuptial agreement to protect both her and her intended. Congratulations to her! Feel free to contact me if you have additional questions. John C. Talpos (http://www.Mich-Lawyer.com) (248) 743-6800
Re: 80 year old Remarriage
The lawyer may be right, it depends on what the will/trust says. Also, your grandmother can always change the will/trust to include her new husband. It is her choice. If you feel she is being manipulated by new husband, you should talk to her. Unless she is adjudicated incompetent, she can change her will/trust anytime. for more info, please contact my office at (248)851-3171.
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