If my husband has a Will that leaves every thing to me, will I receive all assets if he dies?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my husband has a Will that leaves every thing to me, will I receive all assets if he dies?
Married for 35 years; all assets are in his name.
Asked on June 20, 2011 under Estate Planning, Louisiana
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
As your husband's sole beneficiary you will receive all assets that are passed in his Will. However any assets not part of the probate estate, such as life insurance proceeds, will pass to the named beneficiary or jointly held property with rights of suvivorship, will pass to the other joint owner (these are just some examples). Additionally, even if your husband had children, they can be disinherited; children do not have an automatic right to inherit from a parent (although in some states the Will must contain certain language in order to disinherit a child). Accordingly, any assets that are part of the probate estate are your to inherit.
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
As your husband's sole beneficiary you will receive all assets that are passed in his Will. However any assets not part of the probate estate, such as life insurance proceeds, will pass to the named beneficiary or jointly held property with rights of suvivorship, will pass to the other joint owner (these are just some examples). Additionally, even if your husband had children, they can be disinherited; children do not have an automatic right to inherit from a parent (although in some states the Will must contain certain language in order to disinherit a child). Accordingly, any assets that are part of the probate estate are your to inherit.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.