Legal Question in Wills and Trusts in Ohio

Does a will from a previous marriage supersede a current marriage with no executed will?


Asked on 12/18/10, 7:34 am

2 Answers from Attorneys

Simon Johnson Law Offices of Simon W. Johnson

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.

If you want to discuss your issues further at no cost to you, feel free to contact me.

Best regards,

Simon W. Johnson

www.swjlawoffice.com

[email protected]

(440) 477-6075

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Answered on 12/23/10, 8:15 am
Elizabeth Schmitz Elizabeth S. Schmitz Attorney at Law

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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Answered on 12/23/10, 8:18 am


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