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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Judy is 64 and divorced. Harold is 73 and widowed. Harold

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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.

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