Is my husband entitled to my inheritance from my mother?

UPDATED: Jan 19, 2011

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Is my husband entitled to my inheritance from my mother?

My mother left me her house and the beneficiary of insurance policies when she passes away. I am married. In the event that something happens to me she does not want it to go to my husband. She wants to insert that if I predecease her, then her estate will be split between my daughters.

Asked on January 19, 2011 under Estate Planning, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Who gets what, when, from a person's estate is up to that person, as long as he or she has a will. You mother may absolutely write in her will that if you predecease her, the money goes to your daughers/her granddaughters. Of course, if the girls are still minors at that time, your husband will end up controlling their money; or if the money goes to you but then you pass away, your husband will get some or all of it. There are ways to set up things to better accomplish your mother's goals (such as possibly creating a trust) and also to  maximize tax benefit; your mother should sit down with a trusts and estates attorney who can translate her wishes into paperwork and legal structure.

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 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.

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