If I want to make my Will and am married but want to list my 4 year old daughtr as my only beneficiary, does the law allow me to do this?

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If I want to make my Will and am married but want to list my 4 year old daughtr as my only beneficiary, does the law allow me to do this?

I have properties and bank accounts in Lima Peru, are they included in a Will made in the US?

Asked on January 23, 2013 under Estate Planning, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Community property is property acquired during marriage.  Community property also includes income during marriage.  Each spouse has a one half interest in the community property.

Separate property is property acquired before marriage or after the marriage ends.  Separate property also includes income before marriage or after the marriage ends.  A spouse has no claim to the other spouse's separate property.

You can leave all of your separate property to your daughter in your Will.  You can only leave your daughter your half of the community property because your spouse would inherit the other half of the community property whether or not your spouse is mentioned in your Will.

Your Will should include all of your property and bank accounts in Lima, Peru. 


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