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How can me and my husband ensure that when we are both gone our children will get our estate?

How can me and my husband ensure that when we are both gone our children will get our estate?

Q: Can a child born out of wedlock inherit?

Yes, a child born out of wedlock can inherit from their biological parents. Inheritance rights may vary by state, but generally, if paternity is established, the child has the same rights as children born within marriage. It's advisable to include clear provisions in a will to avoid disputes.

Q: What is a will that leaves everything to a spouse called?

A will that leaves everything to a spouse is often referred to as a 'simple will' or 'pour-over will.' This type of will typically designates the spouse as the primary beneficiary, ensuring that all assets pass to them upon the testator's death. It's important to ensure that the will complies with state laws.

Q: Am I entitled to my ex-spouse's inheritance?

Generally, you are not entitled to your ex-spouse's inheritance unless specified in a legal agreement or will. Once divorced, any inheritance received by an ex-spouse typically belongs solely to them. However, if the inheritance was shared during the marriage, it may be subject to division during divorce proceedings.

Full question:

If my husband and I have a will leaving everything that we own to each other, and we both have children form a previous marriage, how can we make sure that the children of the last one of us living will get their portion when we die? Example--My husband dies, I own everything, then I die. Since I owned everything when I died what would assure that his children would get his portion what was left?

Category: Wills and Estates
Date: 04/07/2025
State: Louisiana

Answer:

A mutual will is a contract between two spouses to dispose of their property in a particular way. Generally spouses verbally agree to make reciprocal wills leaving their property to each other and the will is irrevocable upon the death of the survivor. If the first spouse dies and the survivor probates the mutual will, the survivor is contractually bound to leave his or her estate in accordance with the distribution scheme in the will. If all children named in the will are to receive equal shares, the surviving spouse is contractually obligated to dispose of the estate equally to all children, including the step-children.

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

Does a will override separation?

A will generally remains valid even if the spouses are separated, unless a divorce has been finalized. In most states, a will executed before separation can still distribute assets as intended. However, if a divorce occurs, many states automatically revoke any provisions in the will that benefit the ex-spouse. It's essential to review and possibly update your will after separation or divorce to reflect your current wishes.

Are children from previous marriage entitled to inheritance?

Yes, children from a previous marriage can be entitled to inheritance, depending on the terms of the will. If a parent dies without a will, state intestacy laws typically provide for children, including those from prior marriages. To ensure they receive their share, it's crucial to explicitly include them in your estate planning documents.

Does a will override a living spouse?

A will does not override a living spouse's rights in many states. Most states recognize a spouse's right to a certain portion of the estate, regardless of what the will states. This is often referred to as the elective share. If a spouse wishes to disinherit their partner, they must follow specific legal procedures to ensure the will is valid.