Fred and Mary were married. Fred had executed a will prior to the marriage that left all of his property, both real and personal, to his mother. Fred later died without changing his will. Mary feels that she should be entitled to some of Fred's estate

Question

While waiting for Fred's estate to be finalized, Mary remarries. Mary's second husband executes a will providing for Mary. Later, after Mary and her husband adopt two children, her second husband dies. Mary feels that her children should be entitled to receive something from her second husband's estate. Is Mary and, later, are her adopted children entitled to receive something under the wills?

Answer 1

?Yes. Under certain circumstances statutes provide that a change in circumstances has the effect of a revocation or a partial revocation of a will. When a person marries after a will already has been executed, that person often is entitled to a share of the estate. The amount of the share varies from state to state. It also is commonly provided that the adoption of a child or children after the execution of a will works a partial or full revocation as to those children. Again, the amount of the estate to which the children are entitled varies from state to state.