Does a marriage trump a will?

I just heard that my ex husband is now engaged and headed for marriage #4 (fOUR).  He has one child, our daughter who is now 23.   I heard that if he marries again that a wife woild trump wanything he has written in a will for our daughter.  Is this true?  if so, what is the point of a will. 

We also have one grandaughter and this news disturbs me greatly.  thanks

Englishrose:

I heard that if he marries again...

From whom?

This is far too broad and speculative a question to give a specific answer.

But...

A lot depends on how he and the new wife own assets.  A will's provisions only apply to assets that he owns solely (or the interest that he owns as a tenant in common.  Assets held jointly with right of survivorship or with beneficiary designations or in a trust pass by operation of law and not via probate and the will's provisions.

Most states allow a surviving spouse to take an elective share of the deceased spouse's estate if the will leaves the surviving spouse out or only provides for a minimum amount for the surviving spouse.  And just to make it more complicated, in some states, the elective share only applies to the probate estate.  In others, it applies to what is called the "augmented estate."

And that's only some of the "if's, and's, and but's."

Overall, the answer to "trumping" is no.  But the question will be what assets the will applies to.

Forgot to add...

Children have no absolute right to inherit (except for a limited exception in Louisiana).  He can re-write his will if he desires to.

No, it is not true. Depending on where he lives when he dies it is possible the wife could get part of the estate even if she is not mentioned in the will.  But he can change the will at any time.

Rules vary by state --but essentially 49 states , GA is a bit of an odd ball ,  require or allow spouse to elect some sort of statutoy share even if will excludes them--one has a duty to provide for ones spouse.

Except possibly for LA, Dad need not provide a dime for a child (Unless its someplace in divorce order) Dad is free to write a new will or just tear up existing will. And for that matter he could just spend it all away.

If you think there is a solid requirement that Dad leave something to daughter--explain why you think such to be the case?

No, I know it's not 'required' for a child to be left anything but I know she is his only really close blood relative and when he and I did our wills, everything was to be left to her (of course I was knocked out at the time of divorce).  I just wanted to be clear what would happen with a new marriage/  Thanks

He is notobligated to leave anything tohis child. Or he can split it with the new wife or any subsequent children.