Q: My father is getting married again. He does not want to change his will he wants it to stay the same.
The new wife says she does not want any of the things he has before her.
But the children wants her to sign something stating that she will not have life time rights to the house or land.
The house property and bank accounts life insurances are willed to children and grand children. So we want to be clear and want her to sign something so it is legal and no change of heart later. So how do we get this legally done with out a pre-nup and re-writing the will?
A: They will both have to sign a pre-nuptial agreement. That is the only way to get her to waive her rights to the spouse allowance and elective share.
Ben Corcoran agrees with this answer
A: As Mr. Lohr said a prenup is the only way to completely disinherit a spouse.
If you want to not redo a will or get a prenup. There are ways you can prevent the will from distributing assets. You can put your side of the family as right of survivorship on all of the accounts and make a new deed with members of the family owning the house jointly with right of survivorship. Speak to a local estate attorney and they should be able to walk you through the steps to set up the assets to be handled outside of the will.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.