Legal Question in Wills and Trusts in Maryland
wills
If a marriage preceeds the date of the will, is the will valid? There was
a prenuptial agreement but it was not updated after 5 yrs. How does this affect the outcome of the will?
2 Answers from Attorneys
Re: wills
Without seeing the documents or understanding the intent, a will made after marriage is effective but the statutory share would be elective by the surviving spouse. This being said there are other possibilities.
A prenuptial agreement should be explained by an attorney and may or may not be part of etate planning. The holdings of the estate in contemplation of language in a prenuptial may affect the outcome.
Contact me to discuss your legal need.
Re: wills
A marriage subsequent to the execution of a will does not invalidate the will. The prenuptial agreement does not have to be updated. If the person is still alive, they will need to execute a new will. Contact me if you have any further questions, and I will be more than happy to answer.
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