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Yes, it does. If you married someone who passed away before they were able to mention you in their trust or will, it is important to understand that your marriage revokes all previous trust versions, giving you a legal right to inherit a portion of the estate.
To clarify, a joint will is different from a mutual will. A joint will is one document signed by two people. A mutual will represents two individual wills that are signed separately, but are largely the same in content.
In short, no, your family cannot override your Living Will. Your Living Will is a legal document thats meant to guide medical professionals (and your family!) about medical decisions.
Under California probate law, a marriage automatically revokes (invalidates) any pre-existing will or trust regarding the new spouses inheritance rights, unless the documents provide for a new spouse or clearly indicate that the new spouse will receive nothing.
The answer is yes everyone should have a will! If youre married, you and your spouse can have separate (or joint) wills that you sign yourselves. This way, if something were to happen to one of you, theres no room for ambiguity or confusion.
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While getting remarried may not completely invalidate your will, it may create unintended consequences for your intended beneficiaries. Updating your will after a second marriage can have unique challenges since second marriages often create blended families.

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