Marriage invalidates a Will? by Avon Area Attorney Brigitte von Weiss

By
Real Estate Attorney with an Expertise in Estate Planning and Elder Law

Website:  vonweisslaw.com 

What happens if the will is older than the marriage? 

The Massachusetts Uniform Probate Code (MUPC) became effective as of March 31, 2012. 

Before the MUPC, Massachusetts law provided that marriage invalidates a will in its entirety unless "it appears from the will that it was made in contemplation thereof."  Pretty simple and straightforward, right?   

Under the new law, things are a bit more complex.  Under section 2-301 of MUPC, if a surviving spouse married the decedent after the decedent executed his or her final will, the surviving spouse receives a intestate share (what he or she would have gotten if no will) EXCEPT that the surviving spouse does not get an intestate share of those assets passing under the pre-marital will to the children of the decedent who were born before the marriage and who are not also children of the surviving spouse, among other exceptions, "unless: (1) it appears from the will that the will was made in contemplation of the testator’s marriage to the surviving spouse; (2) the will expresses the intention that it is to be effective notwithstanding any subsequent marriage; or (3) the testator provided for the spouse by transfer outside the will and any intent that the transfer be in lieu of a testamentary provision is shown by the testator’s statements or is reasonably inferred from the amount of the transfer or other evidence."  

Nothing in this blog should be considered legal advice as this is a complicated area of the law.  

The Author Brigitte von Weiss of VON WEISS LAW OFFICE is an estate planning lawyer and elder law attorney serving clients in Easton, MA, as well as nearby towns and cities, including Abington, MA, Avon, MA, Bridgewater, MA, Brockton, MA, Canton, MA, East Bridgewater, MA, Foxboro, MA, Mansfield, MA, Norton, MA, Randolph, MA, Raynham, MA, Rehoboth, MA, Rockland, MA, Sharon, MA, Stoughton, MA, West Bridgewater, MA, and Whitman, MA

Brigitte, a graduate of Boston College School of Nursing and an honors graduate of Loyola University of Chicago Law School, stands out from other elder law and estate planning attorneys in that she worked as a registered nurse for four years and earned a Master of Science in Taxation with high distinction from Bentley College.  This unique combination of legal, nursing and taxation backgrounds enables Brigitte to provide outstanding legal guidance to her clients in their time of need.  Call for a free phone conversation with Brigitte to learn if she can help.  You also may reach her through her website at vonweisslawoffice.com.

ADDITIONAL RESOURCES:

MUPC

Bristol County Family and Probate Court

Plymouth County Family and Probate Court

Norfolk County Family and Probate Court 

AVON MA

Town of Avon website

Avon Local News

Avon MA Council on Aging

Avon MA Council on Aging Calendar

Avon MA Council on Aging Newsletter

ESTATE PLANNING

AARP estate planning article

Forbes magazine estate planning article

Kiplinger magazine estate planning article

USA newspaper estate planning article 

American Bar Association's Estate Planning FAQ's

New York Times article on estate planning

US News article on estate planning

Fox Business article on estate planning

Los Angeles Times article on estate planning  

COA'S

Abington MA Council on Aging

Avon MA Council on Aging

Bridgewater MA Office on Elder Affairs

Brockton MA Council on Aging

Canton MA Council on Aging

East Bridgewater MA Council on Aging

Easton MA Council on Aging

Mansfield MA Council on Aging

Norton MA Council on Aging

Randolph MA Council on Aging

Raynham MA Council on Aging

Rehoboth MA Council on Aging

Rockland MA Council on Aging

Sharon MA Council on Aging

Stoughton MA Council on Aging

West Bridgewater MA Council on Aging

Whitman MA Council on Aging 

 

close

This entry hasn't been re-blogged:

Re-Blogged By Re-Blogged At
Topic:
Mortgage / Finance
Location:
Massachusetts Norfolk County Avon
Tags:
avon ma
avon ma estate planning attorney
avon ma estate planning
avon estate planning lawyer

Spam prevention

What's the reason you're reporting this blog entry?

Are you sure you want to report this blog entry as spam?

Rainer
34,114

Brigitte von Weiss

Ask me a question
*
*
*
*
Spam prevention