Marriage Invalidates Will? By Norton MA Area Atty. Brigitte von Weiss

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

The author Brigitte von Weiss of VON WEISS LAW OFFICE is an Easton MA estate planning and elder law attorney.  

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, Attleboro, MA, Avon, MA, Bridgewater, MA, Brockton, MA, Canton, MA, East Bridgewater, MA, Foxboro, MA, Mansfield, MA, North Attleboro, MA, Norton, MA, Norwood, MA, Plainville, MA, Randolph, MA, Raynham, MA, Rehoboth, MA, Rockland, MA, Sharon, MA, Stoughton, MA, Walpole, 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 (508) 238-3005 for a free phone conversation with Brigitte to learn if she can help.  You also may reach her through her website at www.vonweisslaw.com.  

ADDITIONAL RESOURCES:

The Massachusetts Uniform Probate Code (MUPC)   

Bristol County Family and Probate Court   

Plymouth County Family and Probate Court   

Norfolk County Family and Probate Court 

Alzheimer's Association

National Academy of Elder Law Attorneys

Massachusetts Chapter of National Academy of Elder Law Attorneys

Massachusetts Area Agency's on Aging (AAA's)
  and Aging Service Access Points (ASAP's)

MassHealth form

Bristol Elder Services

Old Colony Elder Services

Hessco Elder Services 

 

NORTON MA 

Town of Norton MA website 

Norton MA Council on Aging

Norton MA Mirror 

Norton MA Patch 

Norton Ma Historical Society

 

Norton MA Library

 

Norton MA Cup Boardof Kindness

 

Norton MA Media Center

 

Norton MA Lions Club

 

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  

Attleboro 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  

Foxboro MA Council on Aging 

Mansfield MA Council on Aging  

Norton MA Council on Aging  

North Attleboro MA Council On Aging 

Norwood MA Senior Center 

Plainville 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  

Walpole MA Council On Aging 

West Bridgewater MA Council on Aging  

Whitman MA Council on Aging  

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