If I am currently on my second marriage but have not changed my Will to my married name, do I need to do this in order to make it legal?

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If I am currently on my second marriage but have not changed my Will to my married name, do I need to do this in order to make it legal?

Also, I have a son, my only child, who I am leaving all my assets to (including my home). What do I need to do to prevent my husband from getting any of my assets in case of a divorce?

Asked on February 1, 2012 under Estate Planning, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Generally speaking, you can not disinherit your spouse.  So the issue I ammost concerned with here is not your name change but the fact that he is left nothing should you pass. Thie can be rectified if he signs a pre-nup - or here a post nup -  waiving his rights to the assets left to your son. But really one needs to review your financials and your Will and left you know how best to handle this.  Get help as soon as possible.  Good luck.


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