How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Dimitry K., Esq. Your Own Question
Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41220
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
18572087
Type Your Legal Question Here...
Dimitry K., Esq. is online now
A new question is answered every 9 seconds

Judy is 64 and divorced. Harold is 73 and widowed. Harold

This answer was rated:

Judy is 64 and divorced. Harold is 73 and widowed. Harold has one daughter to whom he has left everything. Judy and Harold will marry shortly. She is our dear friend, and we want to know if and how she will be protected financially after the marriage. Harold would like to do this but doesn't know how. Does he need a new will? Thanks!

Thank you for your question. Please permit me to assist you with your concerns.

Harold most definitely will need a new will. Any significant life change, be it a marriage or divorce, birth of a child, significant asset purchase such as a home generally requires a will update. In this situation, at least currently the girlfriend is not yet entitled to receive anything. The daughter is entitled to receive everything. Once and if the parties marry, then the new wife will have the ability to contest the will and seek a potential 'elective' or a forced share of the estate, but that may make probate and the estate extremely complex, expensive, not to mention bitter and acrimonious. Consequently it is far wiser for this person to create a new estate plan that covers his life change and to make sure that the new spouse is properly covered in case he passes away. In addition this person should consider updating his powers of attorney if he has any, creating them if he does not, and creating a medical living will in case he becomes incapacitated but still living, something that most people do not consider.

Good luck.

Dimitry K., Esq. and 10 other Legal Specialists are ready to help you

Related Legal Questions