If my husband died with a Will naming me as sole beneficary and it provided that after my death everything was to be equally divided between our 2 daughters, do I need to have a new Will?

Or is his enough for me to have? He died 2 years ago.

Asked on July 18, 2015 under Estate Planning, Colorado


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

Answered 5 years ago | Contributor

I am so sorry for your loss.  Did you probate the Will?  Understand that if property was jointly held and nothing needed to be transferred in to your name becuase it was jointly held, then everything passed to you automatically at the time of your husband's death.  And once property is placed in your name alone you can control to whom you leave it.  Your husband's wishes can be followed by you but unless it was left in trust he can not control from the grave as they say.  Good luck.

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