Can you make a Will without listing your properties or assets?

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Can you make a Will without listing your properties or assets?

My husband has a child from a prior mariage. Would she be entitled to any percentage of our financial assets if there is no Will? Can you say in a Will that everything you have goes to your wife? What if the financial assets are only in my name? What happens with the joint assets or with any of my assets if there is no Will?

Asked on January 10, 2012 under Estate Planning, New Hampshire

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The maker of a Will or trust can sign one or both of these documents giving away his or her assets without specific reference to the items. Commonly this is done as "all assets of my estate" if that is the maker's intent.

If you husband passes without a Will, his child from the prior marriage is entitled to some interest in his estate under the state that he resides in intestacy laws. One can have a Will stating that all goes to one's spouse.

If the assets are in your name, under the laws of your state, the assets are presumed to be in your own separate property. If there are joint assets (items held as joint tenancy), under the laws of your state, the surviving person receives title to the joint assets.

I suggest that you and your husband consult with a Wills and trust attorney about your questions.


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