Can I leave my property to my adult children if I decease my spouse?

UPDATED: Feb 14, 2012

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Can I leave my property to my adult children if I decease my spouse?

Can I leave my property to my children if I die before my spouse or would her adult child have to be included in my share of the property? My wife plans on letting the property go back to the bank when I die and I don’t want to lose what I could pass on to my children.

Asked on February 14, 2012 under Estate Planning, Arkansas


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

Answered 10 years ago | Contributor

Okay you are trying to do estate planning here - which is admirable - but difficult.  Some one needs to see how your assets are held and what other assets you have jointly and separately.  IF the asset is jointly held with survivorship rights it will pass to your wife automatically upon your death so then no, you can not pass it on.  Plus, you can not disinherit your spouse in most states.  So I think that you need to seek some legal help and with your wife.  Good luck.

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