husband’s will in ex-wife’s name.

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husband’s will in ex-wife’s name.

My husband has not changed his will since we got married. It still names his ex-wife as beneficiary. If something happens to him – how does that affect property or accounts that are in both our names? Just his name?

Asked on May 22, 2009 under Estate Planning, Tennessee

Answers:

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Bank accounts are different.  With respect to your bank accounts, you are joint account holders and have rights of survivorship meaning that if one dies, the balance of the account goes to the person surving.  Thus, the ex wont touch those.  As for the will:  does you husband have kids with his ex wife?  Is there a reason that he has not made the change to his will?  You should ask him to make some time to go with you to a estate planning lawyer to set up a new will for each of you and any trusts for your kids, if any.  I would make this a priority so that you are not battling with the ex.


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