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How can we ensure our children inherit after both spouses die?

How can we ensure our children inherit after both spouses die?

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 an agreement between spouses to distribute their property in a specific way. Typically, spouses agree to make reciprocal wills, leaving everything to each other. After the death of one spouse, the surviving spouse is bound by the terms of the mutual will. This means that when the surviving spouse dies, they must distribute their estate according to the will's instructions.

If the will states that all children, including stepchildren, are to receive equal shares, the surviving spouse is legally obligated to follow this distribution plan. This ensures that the children of the deceased spouse will receive their portion when the last spouse passes away.

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.