What to do about a Will and an impending inheritance?

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What to do about a Will and an impending inheritance?

I’m currently married and have an adult child from a previous marriage. I stand to receive an inheritance from my mom. Right now, I don’t have a Will, which I believe means that everything would automatically go to my wife. Is it possible for me to Will that inheritance partially to my daughter before actually receiving the inheritance?

Asked on September 26, 2012 under Estate Planning, Maryland

Answers:

Catherine Blackburn / Blackburn Law Firm

Answered 12 years ago | Contributor

There are various ways to structure a will so that it gives part of your inheritance ot your daughter.  In fact, having a daughter from a prior marriage is a very important reason to prepare a Will. 

State statutes define who receives your assets if you die without a will.  In Florida, if you died without a will and your only descendants were your wife and your daughter, your wife would receive 1/2 of your estate and your daughter would receive the other 1/2.  Other states may have different laws.

Your situation is one in which I recommend that you consult a lawyer to prepare your Will.  Pre-printed forms, internet and legal programs, and paralegals or document preparation services cannot give you legal advice.  It is not that expensive to have a lawyer prepare a Will and it will give you peace of mind.


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