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 Ely Your Own Question

Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 88710
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your Legal Question Here...
Ely is online now
A new question is answered every 9 seconds

In the state of New Hampshire, if My dad gets remarried to

Resolved Question:

In the state of New Hampshire, if My dad gets remarried to a woman, does she have power over his Will and Testament if he dies..? My brother is mostly likey the big winner of the Will.. But if he gets married.. does she- as his wife- have power over the Will? please help. Mike
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your situation.

if My dad gets remarried to a woman, does she have power over his Will and Testament if he dies..?

NOT necessarily. This depends on what happens.

If someone passes away, then their estate is distributed in one of two ways, either (1) by default succession statutes if he had no will, or (2) per the will if he had a will.

DEFAULT SUCCESSION
If he has no will, then the estate would be distributed per default rules which may be seen here.

IF THERE IS A WILL
If so, then the Will controls. However, the Wife cannot be written out of the will. She has the right to minimum one third of the estate even if not in the will or if receiving less:

The surviving spouse may elect to waive the homestead right and the provisions of the Will and instead take 1/3 of the personal property and real estate, in the case where the decedent left children surviving. If the decedent left no children or descendants, but does leave a parent or brother or sister surviving, then the spouse takes $10,000 of personal property and $10,000 of real estate plus 1/2 of the balance of the estate. Where the value of the real estate does not exceed $10,000, the spouse is entitled to the entire share. If the decedent left none of the aforementioned relatives surviving, then the spouse takes $10,000 plus $2,000 for each full year of marriage, plus 1/2 of the remainder of the estate. (Chapter 560 Section 10) The surviving spouse must file a waiver in the probate office within 6 months after the executor is appointed. The waiver must also be recorded in the county where any real estate is situated. (Chapter 560 Sections 10-14).

IN SUMMARY
She will not have "power" over the estate, although she does have the right to one-third minimum of the estate if something should happen to your father.

I hope this helps and clarifies. Good luck.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Customer: replied 1 year ago.

im having trouble printing your answers.. any ideas?

Expert:  Ely replied 1 year ago.
Mike,

Yup - two ways:

Press Control + P and that should allow you to print out the answer.

If this does not work, you may print the page by using the "share" button in the bottom right hand corner of the initial question box. If you hover your mouse over it, you will see a print icon.

Let me know if either of these do not work and we can come up with something else.
Customer: replied 1 year ago.

Ely, I forgot one thing, does she have the right to everything in his will, or just the house, what about monies, and stocks, ect, personal items? thanks Ely

Expert:  Ely replied 1 year ago.
M,

Thank you for your follow up.

Ely, I forgot one thing, does she have the right to everything in his will, or just the house, what about monies, and stocks, ect, personal items?

This depends on whether he has a WILL or not.

If he DOES NOT, then in many scenarios, she has the right to HALF of the estate - see that default succession law link (exactly what will be at the discretion of the Judge).

If he DOES have the Will, then she gets whatever is in the will (at his behest), OR, she can ELECT to instead get one third of the estate if she feels she'd get more that way (again, exactly what will be at the discretion of the Judge).

thanks Ely

You are very welcome. Good luck, and please don't forget to rate my answer in one of top three faces and then SUBMIT – it is the only way I get credit for my time with you – or, please REPLY to keep on chatting – I want you to be satisfied.
Customer: replied 1 year ago.

Ok, sorry Ely, Yes he has a will.. Just a senario here ok.. say he leaves everything to me and my brother.. as his new wife, when he dies, does she have right to 1/3 too everything in his will, or just the house? All this is under the notion that she is not in the will... Just a new wife, is that 1/3 of what you said she gets include all that is in a will, or just a house?

Expert:  Ely replied 1 year ago.
No need to apologize. Please ask as much as you need to, for this is why I am here.

Just a senario here ok.. say he leaves everything to me and my brother.. as his new wife, when he dies, does she have right to 1/3 too everything in his will, or just the house?

She has a "widow's elective" to one-third even if she is not included in the Will. So if he leaves everything to the two of you, she may still ask for one-third of that. Whether or not that includes the home is at the Judge's discretion. The statute only states "one third" and allows the Judge to make the decision as to what "one third" means in terms of each estate individually. This may or may not include the home (I am assuming her name is XXXXX XXXXX the deed).

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 1 year ago.

Im not sure if she is on the deed now, if he puts her on the deed, then i guess thats what he wants, he is very sick and could go anytime, and all of a sudden this girlfriend of less than a year says that he asked her to marry him.. im just trying to protect him and the family.. there should be laws against him asking that type of question while that sick and under the influence of meds..

Expert:  Ely replied 1 year ago.
If he puts her on the deed, then the Judge is more likely to grant her the home as she already would have partial interest to it, then.

there should be laws against him asking that type of question while that sick and under the influence of meds..

He can sign a Medical Power of Attorney that would allow someone else (you?) to make decision on treatment AND who can visit him - see here for rules and sample.

Also, if he was incoherent when making a Will, then this may be challenged and VOIDED in probate court (but until that time, it is assumed valid).

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 88710
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 9 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Thank you So much Ely, you have been great!!!!!!

Expert:  Ely replied 1 year ago.
My pleasure, M!

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
 
 
 

Related Legal Questions

Chat Now With A Lawyer
Ely
Ely
Lawyer
88710 Satisfied Customers
Private practice with focus on family, criminal, PI, consumer protection, and business consultation.