If my father remarries and then dies before his wife, is she entilted to everything if he doesn’t have a Will?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my father remarries and then dies before his wife, is she entilted to everything if he doesn’t have a Will?
What if he has a Will?
Asked on November 30, 2011 under Estate Planning, Wisconsin
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
If someone dies without a Will they die "intestate". Accordingly, the intestacy laws of the state in which they were domiciled as of the date of their death will control. In most states, succession (i.e. distribution of the estate) is typically along the lines of 1/2 - 1/3 to the surviving spouse, if any, and 1/2 - 2/3 to the deceased's children. The exact terms of the asset split varies from state-to-state.
If your father dies with a Will, then it terms will control just what his wife is entitled to. However, one spouse may not disinherit another. By virtue of something known as the "elective share" a spouse can elect to take a certain statutory amount of thie deceased spouse's estate as opposed to being left nothing or only a nominal share. Again, this amount will vary depending on the state.
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.