If I marry a widower with adult children, will I inherit any property he had prior to our marriage?

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If I marry a widower with adult children, will I inherit any property he had prior to our marriage?

Anonymous Jan 10, 2015 Business 2 views 3 answers

My boyfriend and I are widowed seniors. We are talking about marriage. He has a will naming his grown children sole heirs to his property and investments. If we marry and he dies first, do I have any rights to anything he had prior to the marriage even if we are married for 10 or more years and I take care of him? He has health problems and we want to avoid nursing homes. I'm a registered nurse with a specialty in Geriatrics. I have considerably less money than he has due to staying home to care for my now deceased husband during a long term illness.

Steven Spewak · Accepted Answer · 2026-06-15T13:07:26+00:00

If his will leaves everything to his kids, and he provides nothing for you at his death, under Missouri law you would have a right to elect to receive up to 1/3 of his estate. Of course, if the marriage lasts for a long time and he wants to make provision for you, he can always change his will to do so. If the two of you were to enter into a prenuptial agreement before you get married, that agreement could require him to leave something for you at his death. This would require each of you to have a lawyer to represent you on the prenuptial agreement.

Donald Joseph Quinn IIProbate AttorneyKansas City, MO · Accepted Answer · 2026-06-15T13:07:26+00:00

The will is only effective for property left in the name of the decedent on his date of death. If he has disposed of the property before his death through a TOD or POD, the will will not be effective. You might want to consider a Prenup Agreement, etc. You need to retain a lawyer to look at all the issues here.

If I marry a widower with adult children, will I inherit any property he had prior to our marriage?

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