What Happens If Your Spouse Dies Before Updating Their Will?

A wide variety of different laws and regulations are used to determine whose assets go to which beneficiaries.

Just as the title of this piece suggests, some of these laws and regulations are used to determine what will happen if your spouse dies before they have updated their will.

Going over what these laws and regulations are, and speaking with a lawyer who specializes in estate planning, will allow you to obtain the best possible legal outcome.

What Happens If Your Spouse Dies Before Updating Their Will? 

The answer to this question is “It depends.”

On what?

A variety of factors. But, out of all these factors, the most significant is as follows: the estate planning arrangement that your spouse developed, prior to their death.

Just as an example, if your spouse has a will, but they developed it before marrying you, then you are entitled to a certain share of their estate.

The same is true if your spouse developed a will after they married you but, in doing so, failed to include you in the will.

Outside of the above, if you signed a prenuptial or postnuptial agreement, then you may not be able to obtain any assets from their estate. This is not always true, though, so you must speak with a lawyer who can help you.

Will You Get Any Assets If Your Spouse Developed Their Will Before Marrying You? 

The answer to this question is almost always “Yes.”

You are entitled to an intestate share of your spouse’s assets. But, the exact assets you will receive is, within the context of estate planning law, dependent on a few factors.

If your spouse has children, then you will not be entitled to all of their assets. But, if they do not have children, then you might be entitled to all of the assets that they own.

The above applies to the assets going through probate. If there are assets that have been locked up in trusts, or already set aside for designated beneficiaries, then you will not be entitled to them.

Will You Get Any Assets If Your Spouse Developed Their Will After Marrying You And You Aren’t On It? 

The answer to this question is “Probably.”

You are almost always entitled to an elective share. And, this elective share is 30%. Given this fact, you can receive 30% of your spouse’s assets, in the event of their death, even if you aren’t on the will.

The fact above applies to all of their assets. Even the ones that are tied up in revocable trusts and other things.

If you signed a prenuptial or postnuptial agreement then, generally speaking, you will not be entitled to this elective share. But, this is dependent on the agreement and, in turn, its overall validity.

Speak With A Florida Estate Planning Lawyer Today 

If you are dealing with an unclear estate planning arrangement, then you must obtain legal help. Speak with a Florida estate planning lawyer at the Millhorn Elder Law Planning Group today and we will help you obtain the assets you are entitled to.