Conflicting Beneficiary in wills

Get Legal Help Today

 Secured with SHA-256 Encryption

Conflicting Beneficiary in wills

My wife and I are in process of making our Wills. We have a blended family – my kids, her kids, our kid. In both of our Wills we list each other as primary beneficiary. In the case of both of our deaths, we each list children as secondary beneficiaries. In my Will I list all 5 of our kids, in my wife’s Will she only list her biological kids. Does this create a conflict among beneficiaries if we both die simultaneously?

Asked on July 21, 2019 under Estate Planning, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Since you are each the primary beneficiary of the other's will, you *can't* legally be considered to die "simultaneously": one of you must be deemed to predecease the other so as to give proper effect to the wills. You can include a provision in your respective wills saying that the two of you die simultaneously, one of you will be deemed to "predecease," or die before, the other; or you can leave it to the court to figure out, but that will likely involve litigation and legal expenses, depleting estate assets. It is better to have an election or choice of who is deemed to pass away first in your wills.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption