Is my will still be in effect after I get marry?

Question

I've a 6yrs old kid from previous relationship. I also own a condo that's already paid off. My bf and I plan to get marry within a year. I want to create my will using PC software (like Willmaker) and leave that condo to my boy before I get marry. Does he have power to claim that's joint property after we're married? I'm in MA.

Answer 1

He could contest the will.

Answer 2

That's the danger of using PC will software; children and spouses make things complicated. You should see an attorney.
In GENERAL, in non-community property states (which I believe is MA, but I'm not for sure), what you bring in to the marriage is not part of the marrital estate. Thus, you should be able to devise the property to your child, without your husband taking a marital share. (I would consider writing the will AFTER you're married, devising the property to your son, so there would be no way to argue that circumstances had changed and the will was no longer valid.) This rule can change depending upon circumstances, but because of this kink, go see an attorney. Pay $250 now and save yourself and your family thousands of dollars of grief later.
Also, are you planning to do this without telling your fiance? Shouldn't you think about communicating this to him? Because if he knows your intentions, then if something should happen sooner than later, he would be less likely to challenge the will.

Answer 3

Some states have laws that the surviving spouse is first entitled to everything unless that spouse has signed some agreement stating otherwise. I would get a new will done specifiing such. You might consider some sort of trust (before marriage) that gives the property to your child. It is best to talk with a lawyer and not rely on everyones general opinions.

Answer 4

I'm thinking that if it was yours before you got married, you can leave it to whom you wish - look at all the rich old men and their trophy 2nd wives. Of course, your husband could contest it. If it's a community property state, what you bring is is yours, but any increase in value from the date of marriage is half his and vice versa.

Be safe and go to a lawyer for more accurate information. Also, you'd need to designate a legal guardian for your son if you haven't already.

Answer 5

Before you get married, get the property put in your name and your son's name (spouse could claim your half though). Better yet, get a lawyer to set up at family trust for the benefit of your son. Both options will cost money (more for the trust) since you will have to register a new deed either for the conveyance to you and your son or to make the property held in the name of the trust.

Answer 6

A properly drawn and executed Will is "good" until it is changed or revoked. Changes in circumstances after a Will has been made, such as tax laws, marriage, birth of children or even a substantial change in the nature or amount of a person's estate, may raise questions as to the adequacy of that Will. All changes in circumstances require a careful analysis and reconsideration of all the provisions of a Will and may make it advisable to change the Will to conform to the new situation.

Answer 7

Yes your will will stay in affect after you are married.
After you get married , unless you have a prenuptial agreement before you get married. He will be entitled to half of all of your assets, as you will be entitled to half of his assets after you are married.When you are married he will have the power to claim joint property after you are married. You need to make sure you word everything to a tee of what your wishes are in your Will.If you die your child will go to the child's father unless you state in your will that you want someone else to be her guardian. You must state and specify everything you want done in the Will in the event that you may die, When you marry him he legally gets half of all your assets, estate, belongings and so forth. Unless you specify differently in your Will. Also I would think all your decisions over and over at least 2 times before you make a final decision. You will want the best for your child.

Answer 8

The moment you are married your willis null & void, you must make a new one at that time, or soon after. The law assumes, that since marriage is a legal partnership that it assumes your wishes have changed..You should get a lawyer to do your will.