Filling out a will during divorce
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Filling out a will during divorce
I am currently going through
a divorce I would like to
will my home all my non
marital property to my
niece, in the event
something were to happened
to me before divorce is
finalized, so my soon to be
ex can’t lay claim to
anything. Do I need to do
anything special as far as
stating in my will whome I
want things to go to?
Should I say anything about
not wanting him to receive
anything?
Asked on August 19, 2018 under Estate Planning, Missouri
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Yes, it is good to both very explicitly state who you want to receive your assets (what you leave behind) and also to state that you intend [fill in spouse's name] to receive nothing unless he is required to receive something by law, in which case it is your intention that he receive the smallest amount which the law would give him.
In MO, like in many states, a spouse can not be completely disinherited: as long as you are married to him (until the divorce is final), he can get 1/2 your estate (if you have no children) or 1/3 your estate (if you do have children). Once the divorce is finalized, he does not have to get anything.
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