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My husband died and his will stated that everything to me and if I was not alive to his Children. Do the Children get anything?

My husband died and his will stated that everything to me and if I was not alive to his Children. Do the Children get anything?

Full question:

My husband died and his will stated that everything is to be left to me,his surviving spouse. He had two children by a different marriage and both are over 30 years of age. They are only mentioned in the will in case of both our deaths. Do they have a right to anything? And does the will have to go through the courts?

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

Answer:

From what you say, the Will had a provision that they only received the property if you died before he did which means they were contingent beneficiaries. Since you did not die before him, the contingency did not occur and the estate is yours. Whether you need to probate depends on several factors. If you do not probate and treat the matter as if there was no Will, then intestate succession laws com into play for Lousiana. See http://www.mylouisianasuccession.com/louisiana/intestate-law/

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 inheritance go to kids or spouse?

In most cases, a surviving spouse has priority over children when it comes to inheritance. If a will exists, it dictates how assets are distributed. If there is no will, state laws on intestate succession apply. Generally, a spouse may inherit a significant portion or all of the estate, while children may inherit only if the spouse is not present or if specified in the will.

How do I carry on without my husband?

Losing a spouse can be incredibly challenging. It's important to seek support from friends, family, or a counselor. Consider joining a support group for those who have experienced similar losses. Focus on self-care and take time to grieve. Managing financial and legal matters, like settling the estate, can also help provide a sense of closure.

What paperwork needs to be done when a spouse dies?

When a spouse dies, you will need to obtain a death certificate and review their will, if one exists. You may also need to file for probate, which involves submitting the will to the court. Additionally, you should notify banks, insurance companies, and other institutions of the death. It's advisable to consult with a legal professional for guidance on specific requirements.

What are the wife's rights after husband's death?

A wife typically has the right to inherit her husband's estate if he dies without a will, according to state intestate laws. If there is a will, her rights will depend on its terms. Many states also provide a right to a certain portion of the estate, regardless of the will, known as the elective share. It's important to consult state laws for specific rights.

What does a wife have to do when her husband dies?

After a husband's death, a wife should first obtain a death certificate and review any existing will. She may need to initiate probate proceedings if required. It's also important to notify financial institutions and update any beneficiary designations. Seeking legal advice can help navigate the estate settlement process and ensure her rights are protected.

Is a spouse automatically a beneficiary?

In many cases, a spouse is automatically considered a beneficiary of their partner's estate, especially if there is no will. However, if a will exists, it will specify the beneficiaries. Some states have laws that protect a spouse's rights to a portion of the estate, regardless of the will's terms. Always check state laws for specific details.