If my mother dies from cancer and has a joint Will with my stepfather, are her children eligible to receive anything?

She is listed as co-signer and owner of their home, all CDs, all checking/savings accounts, all properties. Son is the executor over both joint Wills. Are joint Wills still legally binding? And who benefits from her death with a joint Will?

Asked on July 20, 2012 under Estate Planning, Oklahoma


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry about your Mother's illness. If she passes with a Will that leaves all to her husband then it all goes to him ann none to the children.  Eben if she has no Will, if her assets are jointly owned with her husband they would pass to him automatically upon her death by operation of law.  It is known as rights of survivorship.  Speak with Mom.  Good luck.

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