Legal Question in Wills and Trusts in Minnesota

Re: How does a second marriage affect my Dad's will?

By law, absent a pre-nuptual agreement or post-nuptual agreement, the wife has a right to a dower interest in your father's estate. That interest if there are two or more children is 1/3 of his estate.

His current Will remain valid. However, if he has remarried it will not prevent your step-mother from claiming a dower interest in his estate.

Items now or later placed in an irrevocable trust or other items that may be gifted out of his estate will not be effected although they may be included in calculating the dower interest, whether it has been met or not.

If you are concerned you may want to gently ask your father how he is going to deal with his estate, now that he is getting remarried. If the estate is significant, there should be an estate plan done.

However, you need to remember it is your father's money and he can do with it as he pleases.

Re: How does a second marriage affect my Dad's will?

How real estate or other property is held overrides any bequests your dad might have in his will.

So for example, if your Dad stated in his will that he wants you to have the house he's living in right now, which he owns in his sole name, then you will still get this house, IF he doesn't sell it and IF he doesn't put his new wife's name on the property.

If he decides to sell this house and purchase a new house with the new wife and they own it in Joint Tenancy or Tenancy by the Entirety, then no matter what your dad's will says, his wife will get the new house and you will have lost out on the old house or any proceeds from the sale of that house.

You need to talk with your father about his estate plan and what he plans to do. He might not be knowledgable about such things and believes that his will covers everything and everything is still going to you. He might be stunned to learn that if he takes property with his new wife in Joint Tenancy, then no matter what happens, his wife gets the property. So, just talk to your father about it and maybe have him revisit his will with an attorney before he gets married so he will have all the facts.

Another thing he might be willing to look into a getting a prenuptial agreement. However, that doesn't cover all situations either.

You can email me with further questions.