What happens to my grandfather’s estate if he passed but married a year prior to his death?

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What happens to my grandfather’s estate if he passed but married a year prior to his death?

He was married 65 years to my grandmother who passed first. After his second marriage he drafted a Will leaving his estate to myself (granddaughter) and my 13 year old daughter. His new wife is not in the will but is on the checking and savings. All the money in the bank he had saved his whole life. She never made any contributions to the accounts but was on them because he was ill. Would she have a chance of getting his money even though he left her none in his Will?

Asked on November 4, 2012 under Estate Planning, Louisiana

Answers:

Elena Eckert

Answered 8 years ago | Contributor

I am so sorry for your loss.

The answer to your question depends on whether your grandfather's wife was the owner of the accounts or a beneficiary (whether the accounts were "payable on death" to her).  If so, then those accounts pass outside the probate, and she is entitled to the proceeds regardless of whether she was mentioned as a beneficiary of your grandfather's will.

Otherwise the bank accounts become a part of your grandfather's estate and will be distributed in accordance with the provisions of the will. 


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