If I die and then several months later my mother dies, can my wife make claim to that inheritance?

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If I die and then several months later my mother dies, can my wife make claim to that inheritance?

I would want it to go only to my children. I am very ill with cancer and may die soon. My wife has left me but we are not divorced. My current financial position is negative so I would enjoy if my wife would assume responsibility for that debt. I would like my 4 children to receive any assets from my mother. The youngest 2 children are in college and the oldest 2 have completed their education and are employed.

Asked on September 8, 2011 under Estate Planning, Michigan

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Whether or not your wife can make a claim to your and your mother's estates all depends upon if she is specifically mentioned in any wills or trusts as a beneficiary of the respective estates.

You mention that you really do not have any assets that would be subject to an inheritance of any substantial size since your financial situation is in the negative.

If you want your children to receive any share of your inheritnace that your mother would leave to you assuming that is her intent, you need to have a meeting with your mother about your concerns that your children are to receive any bequest that would normally go to you and if she is agreeable, make sure that she retains a competent wills and trusts attorney to make sure that her will or trust takes care of your children.

Good luck.


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