Legal Question in Wills and Trusts in Pennsylvania
my mother did a will about 25 years ago. nine years ago she remarried and never updated her will. is it still ok?
2 Answers from Attorneys
It depends upon what you are asking. Is the Will still valid? yes. Does it now set forth what she wants it to after being re-married? Probably not.
Yes and no. Her will is still valid. The problem is that if she re-marries after the will was made and she makes no provisions in the will for her new spouse and she then dies, the new spouse can claim an elective share of her estate depending on where she lives. The better course of action is that if your mother is alive and mentally competent and is married, she needs to make a new will. Even if she is disinheriting the new spouse because of a pre-nuptial agreement, she still needs to make a new will and say this explicitly so that the new will effectuates her intentions. Other than marriage, I am sure that other things in her life have changed d from what they were 25 years ago. She needs to update her will.