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If two people who marry have separate wills, how do they ensure their wishes are carried out?

If two people who marry have separate wills, how do they ensure their wishes are carried out?

Q: How do I protect my inheritance from my son-in-law?

To protect your inheritance from your son-in-law, consider placing the assets in a trust or clearly stating in your will that the inheritance is for your child only. This way, it remains separate from any marital assets. Consulting with an estate planning attorney can help you create a strategy that aligns with your wishes.

Q: Will my son-in-law inherit my estate if my daughter dies?

If your daughter passes away, your son-in-law may inherit from her estate based on state intestacy laws or her will. To prevent this, you can ensure your estate plan clearly designates your assets to your children or other beneficiaries. An estate planning attorney can help you create a plan that reflects your wishes.

Full question:

Sue and Bob are engaged to be married. Each of them have children from previous marriages. They both have wills leaving their individual assets to their children. They do not wish to make changes after the marriage. How do Sue and Bob make sure that their wishes are followed?

Category: Marriage
Subcategory: Premarital Agreements
Date: 04/07/2025
State: Alabama

Answer:

Sue and Bob may want to think about a premarital agreement that states that each relinquishes their rights to the other party's estate. This type of agreement can be used to to keep the property held prior to marriage separate from the property acquired during the marriage.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Can I leave money to my kids and not their spouses?

Yes, you can leave money directly to your children without including their spouses. This is often done through a will or trust. By specifying your children as beneficiaries, you can ensure that the funds go to them and are not accessible to their spouses. It's advisable to consult with an attorney to ensure your wishes are clearly stated and legally binding.

How do I protect my inheritance from my son-in-law?

How do I exclude my son-in-law from getting my inheritance?

To exclude your son-in-law from receiving your inheritance, specify in your will that your assets are to be distributed solely to your children. You can also create a trust that designates your children as beneficiaries, ensuring that the inheritance does not pass to their spouses. Legal guidance can help ensure your intentions are clearly articulated.

How do I protect my inheritance from my child's spouse?

To protect your inheritance from your child's spouse, you can leave the inheritance directly to your child through a will or trust. This ensures that the assets remain with your child and are not considered marital property. Additionally, a premarital agreement between your child and their spouse can further safeguard the inheritance.

Will my son-in-law inherit my estate if my daughter died?

Generally, if your daughter dies, her husband (your son-in-law) may inherit part of her estate, depending on state laws and how assets are titled. However, you can specify in your will that your assets go directly to your grandchildren or other beneficiaries, preventing your son-in-law from inheriting. Consulting with an estate attorney can clarify your options.