Legal Question in Wills and Trusts in Michigan

Does marriage change the terms of a will ?

My uncle's will provided control of his trust to his girlfriend until her ''demise'', after that control of his trust goes to his niece and nephew (50/50). After the will was finalized, my uncle and his girlfriend got married, and 4 months later he passed away. Do the terms of the will change as a result of their marriage (i.e. do her children inherit the trust after she passes), or would the trust transfer to the nephew and niece after her demise, as originally specified in the will ?


Asked on 7/12/09, 9:33 pm

2 Answers from Attorneys

John Tatone John R. Tatone & Associates PLC

Re: Does marriage change the terms of a will ?

The trust documents control the trust. I would have to review them to let you know the situation. Please contact me by phone or e-mail. johntatone.com

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Answered on 7/13/09, 1:34 pm
Lesley Hoenig Lesley A. Hoenig, Attorney at Law

Re: Does marriage change the terms of a will ?

It sounds to me you're confusing the idea of a trust and a will. In a trust, the beneficiaries are not changed by anything other than the trust document, with a will, marriage does effect things. You should have a probate attorney look over the relevant documents for you.

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Answered on 7/13/09, 3:00 am


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