If my husband has a Will that leaves every thing to me, will I receive all assets if he dies?

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If my husband has a Will that leaves every thing to me, will I receive all assets if he dies?

Married for 35 years; all assets are in his name.

Asked on June 20, 2011 under Estate Planning, Louisiana

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

As your husband's sole beneficiary you will receive all assets that are passed in his Will. However any assets not part of the probate estate, such as life insurance proceeds, will pass to the named beneficiary or jointly held property with rights of suvivorship, will pass to the other joint owner (these are just some examples).  Additionally, even if your husband had children, they can be disinherited; children do not have an automatic right to inherit from a parent (although in some states the Will must contain certain language in order to disinherit a child). Accordingly, any assets that are part of the probate estate are your to inherit.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

As your husband's sole beneficiary you will receive all assets that are passed in his Will. However any assets not part of the probate estate, such as life insurance proceeds, will pass to the named beneficiary or jointly held property with rights of suvivorship, will pass to the other joint owner (these are just some examples).  Additionally, even if your husband had children, they can be disinherited; children do not have an automatic right to inherit from a parent (although in some states the Will must contain certain language in order to disinherit a child). Accordingly, any assets that are part of the probate estate are your to inherit.


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