Legal Question in Wills and Trusts in Michigan
I recently married, Nov. 2009. Before we married my husband had made a will. I have been told that since the will was made before we married, it is no longer valid. Is this true? If it is true what should I do to protect myself?
1 Answer from Attorneys
The question you have posed is a very interesting one. I don�t think that protected is an accurate term that you should use and I would advise you to have the documents redrafted.
Technically you should be safe. A will that is done prior to a marriage still valid but the new spouse is permitted to take a share of the estate. This share is limited by statute.
I am advising you as I would with any client in a like situation. Create up to date documents because that way you are guaranteed that the estate is divided as is intended. It eliminates any interpretation to the contrary and also eliminates the need for the will to be probated.