Legal Last Will and Testament for Married person with Minor Children from Prior Marriage - Mississippi 2025

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In most, if not every, state, the marriage does not invalidate the existing will. His existing will is still valid. In most states, a surviving spouse has rights to elect against a will, meaning that if he dies with that will in place, you would have some rights to his estate even though you arent in the will.
Invalid will. Wills have specific requirements to be valid; if those requirements arent met, the will could be contested and declared invalid. Those requirements include the following: The testator must be at least 18 years old. The will must be witnessed and signed by at least two people who arent named in the will.
There are generally a number of types of living heirs entitled to inherit from a decedent, including: the spouse of the decedent; biological and adopted children, and their descendants; parents of the decedent; siblings of the decedent, and if they have died, their descendants (the decedents nieces and nephews); and
Legal Requirements for a Valid Will Sign the will or have another person sign it at his or her direction and in his or her presence. If not completely written by the testator, there must be two or more credible witnesses who attest to the will in the testators presence.
If the will was made by an individual who did not have the mental capacity to understand the nature and extent of their assets or comprehend the overall significance of creating a will, it may be deemed invalid in California.
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Lack of Intent: A will may be declared invalid if it is the product of mistake, fraud, undue influence, or duress. These situations are sometimes alleged when a person was under the exclusive care of another in his or her final days, and the last will and testament favors the caregiver over other family members.
A surviving relative would contest a will if he or she thinks the will is invalid or that the deceased was unduly influenced or did not have a sound mental capacity when making the will. If declared invalid, the will is void, and the estate is divided as if no will existed.

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