Since my husband and I each have Wills that state the survivor would get everything, if he should die before I do would his children from a previous marriage be able to claim their inheritance immediately?

Get Legal Help Today

 Secured with SHA-256 Encryption

Since my husband and I each have Wills that state the survivor would get everything, if he should die before I do would his children from a previous marriage be able to claim their inheritance immediately?

Asked on January 1, 2013 under Estate Planning, Texas

Answers:

Victor Waid / Law Office of Victor Waid

Answered 8 years ago | Contributor

If your husband has a validly executed will designating all of his assets to you on his death, then you get his assets and his children from a previous marriage has no claim on his assets. Remember this also works the otherway if you should predecease him, then he gets all of your assets to the exclusion of your children if any.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption