Legal Question in Wills and Trusts in New York
We both re-married - what happens to our prior wills??
My husband and I both had new wills made up during the time between our first divorces and subsequent marriage to each other.
My husband has two children from his first marriage and our home was purchased by him prior to our marriage.
His current will of course does not include me - only his children.
He says that because we are now legally married I automatically will receive part of his estate. Is this true?
What happens to the house we live in?
Please help!!
1 Answer from Attorneys
Re: We both re-married - what happens to our prior wills??
In New York a surviving spouse is entitled to the first $50,000 of the estate of the deceased plus one-third of the excess. This applies regardless of the terms of the Will
The house is treated as any other property owned by the decedent.
A Will is a good thing and you should both have one prepared. The continued occupancy of the house can be taken care of in the Will.
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