We have not lived together for two years. However, there was no legal separation or divorce? Can I contest a new will?
2006-08-22 07:12:31 · 15 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
It depends on the assets. Usually personal assets can be willed to anybody as long as there isn't another person's name on them. Some of the assets that are managed assets (401K programs and life insurance policies) require that the spouse be the main recipient. These companies do not want to be involved in lawsuits so this makes it simple.
2006-08-22 07:23:46 · answer #1 · answered by butnozzle 2 · 0⤊ 0⤋
Yes, same with beneficiaries. May vary by state and 401k usually has to go to the spouse unless the spouse signs off to waive it and let it go somewhere else. When I married the second time my Life insurance has always gone to my daughter from another marriage. She couldn't have stopped it. Doesn't really matter unless there is something left after the estate is settled.
2006-08-22 07:23:16 · answer #2 · answered by Carp 5 · 0⤊ 0⤋
Not really. Especially since it was a new will. Taking separate residences is a a legal separation in most states. Get a lawyer who specializes in wills and trusts and ask him.
2006-08-22 07:19:37 · answer #3 · answered by taz4x4512 4 · 0⤊ 0⤋
I would check with a lawyer but I believe you are still entitled to 50% of his assets as a living spouse
2006-08-22 07:41:58 · answer #4 · answered by hummingbird 3 · 0⤊ 0⤋
In that situation, I would say his new will over-rides anything in his old one. If there were shared assets that were never split when you two separated then you probably have a right to half of that.
2006-08-22 07:22:19 · answer #5 · answered by rhonda y 6 · 0⤊ 0⤋
If you are still legally married, I think you would actually have had to sign off on a new will assigning more than 50% of his estate to someone other than you. Talk to an attorney about your specific case and options.
2006-08-22 07:20:59 · answer #6 · answered by Naomi 3 · 0⤊ 0⤋
He has the right to will his assets to any one he wants. If he is of sound mind. Probate court takes a long time, and you have to have just causes.
2006-08-22 07:22:18 · answer #7 · answered by roseannetb@verizon.net 6 · 0⤊ 0⤋
If he has no will, his estate will be split between you and any of his children, by you or otherwise. if there is a will and you are legally his wife, you could possibly contest the will.
2006-08-22 07:21:26 · answer #8 · answered by Anonymous · 0⤊ 0⤋
If he willed his assests before he passed away, yes. No contest.
2006-08-22 07:20:40 · answer #9 · answered by Anonymous · 0⤊ 0⤋
you can will your assetts to whomever you choose. Make you will clear and concise. Get a lawyer
2006-08-22 07:24:32 · answer #10 · answered by Mean Carleen 7 · 0⤊ 0⤋