Legal Question in Wills and Trusts in Ohio
Does a will from a previous marriage supersede a current marriage with no executed will?
2 Answers from Attorneys
The last will that a person executed is that person's current last will and testament. So the provisions of the older will would govern. However, any separation agreements from the previous marriage could state that any gifts or inheritances by will are now null and void. It depends on these types of factors.
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The will in an old marriage is still valid but the gifts to a previous spouse may not be valid. You should talk to an attorney as soon as possible to have a new will drawn up.
In general the exspouse will be considered to have predeceased but if there were contingent beneficiiaries in the old will such as children from the first marriage or other relatives they may get a share of the estate under the old will.
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