My husband made a will before he married me. My husband expired last month. Can I revoke his will?
Full Question:
My husband and I were 45 years old when we married. My husband expired last month. During the 5years of our marriage, he never told me that he had made a will before he married me. Per my husband’s old will, everything goes to my brother in law in case of his death. Can I revoke my husband’s will?
01/25/2017 |
Category: Wills and Estates |
State: Nevada |
#30956
Answer:
Nev. Rev. Stat. Ann. § 133.110 reads
“1. If a person marries after making a will and the spouse survives the maker, the will is revoked as to the spouse unless:
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(b) The spouse is provided for in the will, or in such a way mentioned therein as to show an intention not to make such provision, including, without limitation, by a reference in the will to a future spouse by name; or . . . .”
Nev. Rev. Stat. Ann. § 123.250 reads***
(b) The spouse is provided for in the will, or in such a way mentioned therein as to show an intention not to make such provision, including, without limitation, by a reference in the will to a future spouse by name; or . . . .”
“1. Except as otherwise provided in subsection 2, upon the death of either husband or wife:
An undivided one-half interest in the community property is the property of the surviving spouse and his or her sole separate property."
Therefore, you may revoke your husband’s will if the will does not contain any clause that shows testator’sintention of including or not making such provision with regard to the future wife of the testator.
