Can he leave everything to some charity or university, and leave her and his child without anything?
2007-12-13 06:19:53 · 10 answers · asked by bren e 1 in Politics & Government ➔ Law & Ethics
the child is 8 months old.
2007-12-13 06:37:47 · update #1
He can leave WHAT he owns to anyone he so chooses to leave it to. He can NOT do anything with the wife's portion. As far as the child goes, as long as he leaves the child $1.00 it is legal.
And for those saying that it is unfair to the child, then CONSIDER THIS:. Children are entitled to collect social security if they are a minor at the time of death of parent. They will continue to recieve social security until they reach the age of majority. So he is supporting his child, as he has been paying ss all these years.
2007-12-13 06:49:22 · answer #1 · answered by carmeliasue 6 · 0⤊ 0⤋
For the most part you can leave what you want where you want in a a will. Some states will have issues if there isn't at least a token bequest to a spouse and child; and community property will still belong legally to teh wife no matter what the bequest.
2007-12-13 06:24:03 · answer #2 · answered by wizjp 7 · 3⤊ 0⤋
It would depend on the laws of the state. Are the children minors or adults? If this is not a hypothetical question, you should consult a lawyer.
What if some multimillionaire woman marries a blue collar worker who makes $70,000 a year. Should he leave her money in his will? Should a man or woman be required to leave anything to their adult children who are worth $30 million to $40 million each on their own.
2007-12-13 06:37:33 · answer #3 · answered by hamrrfan 7 · 0⤊ 0⤋
We in simple terms went by way of this a three hundred and sixty 5 days in the past with an costly chum. He left no will yet he had an ex-spouse, yet they had no babies collectively. the only blood kinfolk he had have been 2 sisters. they had to flow by way of probate and nonetheless are as a count of certainty, even though it replaced into deemed that the ex-spouse is to get no longer something, as they have been divorced for 8 years and he had no lineal babies together with her. If he had, had babies, they could are starting to be the residing house and each thing else and not utilising a will, yet considering that he had none, his sisters have become each thing. it extremely is high quality with anybody different than the ex-spouse yet there's no longer something she will do approximately it.
2016-10-11 05:25:05 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Depends on State law.
In community property States, she's entitled to half of all community property when he dies. What he does with the other half, and any non-community property is up to him. In non-community property States, he can cut her out completely.
As to kids, Louisiana is the only State where a child has a legal claim on his dead parents estate. In all other States, he can choose to leave nothing to his kids if he wants to.
If you die without a will (Called dying "Intestate") then the State divides up your estate, and your wife and kids will get first call on it.
To the first poster, why is it "Horrible"? If your kids are 50 years old and haven't even phoned you in 20 years, for example, why "should" they be entitled to your money when you die?
Richard
2007-12-13 06:29:24 · answer #5 · answered by rickinnocal 7 · 0⤊ 1⤋
State by state, the law varies. In my state a notarized and witnessed will determines who gets what, no appeals. Without a will, the state distributes any inheritance. Why not just give away everything before the husband dies, giving while living, knowing where it's going?
2007-12-13 06:28:16 · answer #6 · answered by Cecil n 7 · 0⤊ 0⤋
Yes. If he puts it in a will, but the wife could contest it if she believes the charity or church used some kind of undue influence on him or there was some type of fraud.
2007-12-13 06:45:21 · answer #7 · answered by Eisbär 7 · 0⤊ 0⤋
Why the hell would anyone do that?? Thats horrible.
And no, it's illegal.
Because a father need to support the family, with child support at least. If a father leaves, the mother can file a lawsuit against him for failure to support his family.
Plus, it's wrong.
2007-12-13 06:23:23 · answer #8 · answered by Roacheatsbabies 1 · 0⤊ 6⤋
You can but if she contests the will, she will prevail
2007-12-13 06:51:25 · answer #9 · answered by Anonymous · 0⤊ 1⤋
NO. Legally his wife and children are entitled to his estate.
2007-12-13 06:23:50 · answer #10 · answered by lahockeyg 5 · 0⤊ 6⤋