Husband dies first and his will appoints a beneficiary, dose the wife over ride
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Husband dies first and his will appoints a beneficiary, dose the wife over ride
Husband and wife each have a will with
separate Executor Husband dies first.
Dose the wife over see ?
Asked on July 30, 2016 under Estate Planning, Michigan
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
The law does not allow a spouse to disinherit their surviving spouse. Accordingly, a surviving spouse has alegal remedy known as an "elective share". Pursuant to this, the spouse can take 1/2 of the sum or share that would have passed to the spouse had the decedent died without a Will (i.e. "intestate"), reduced by 1/2 of the value of all property derived from decedent by any other means other than testate or intestate succession upon their death. There is alo something known as "dowager rights", but its use is more uncommon. At this point, you can consult directly with a local attorney who can best advise you further.
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.