New Husband, New Heir

Very Valid Question from a concerned son:
Yahima, don’t get me wrong. I am very happy with my mother’s newfound love. I like this guy, and he is making her happy. I do have a concern because my mom and dad worked very hard to build what they built, and I run our family business. Now my mother is getting married again. Will her Husband has rights over her assets? I hear he will. Please help.

Answer:
Dear Concerned son,
You have every reason to be concerned.
This is going to be a hard conversation, but you must express your concerns with your mother. I do warn you that your mother is free to do with her assets whatever she wants and if her desire is to have her new love inherit her, you won’t be able to do anything. Your purpose here shall only be to make sure she is informed of her rights and consequences.
Marrying conveys certain rights to the spouse and the effect of marriage is different in a divorce than it is if the person passes away.
So, what would happen if your mother passed away after getting married?
In the absence of a pre-nuptial agreement waiving the new spouse’s rights over her inheritance, the new spouse can receive a life-estate over her homestead property (that’s her primary residence) or 50% of the property. The new spouse would also receive 50% of all her assets. If your mother were to Will or put in trust her assets to someone else, her spouse would still be entitled to the homestead and an elective share- which translates to a third of her inheritance.
It is very important that she seeks the right guidance and legal counsel before she enters the marriage. But again, it is going to be up to your mother to do or not do anything to protect the future of her assets.

Remember, estate planning is not just about a Will, it entails all the protections your family may need. Think ahead, plan and make sure you protect them in the right way. Enjoy your peace of mind knowing they are protected.

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