Can I make a Will in favor of my brother rather than for my husband?

If not, what is the legal way?

Asked on October 12, 2013 under Estate Planning, California


Anne Brady / Law Office of Anne Brady

Answered 7 years ago | Contributor

Yes, you can name anyone you want in your will as your beneficiary.  The right of the spouse to inherit only comes into play when someone dies without a will, or in legal speak, dies intestate.  The legal requirements of a will vary from state-to-state with respect to requirements for witnesses and such.  If your estate is sizeable, you should consult a wills, trust and estates attorney in your area.  If not, there is software available that will help you create a legal will in any jurisdiction in the United States.

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