QUESTION
Can I will my property to my children and not to my wife?
Asked on Oct 02nd, 2011 on Estate Planning - California
More details to this question:
Can I will the house to my kids which was given to me from divorcing their mother and not have to share any of it with my present wife?
5 ANSWERS
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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yes. However, your spouse will be entitled to claim a share of your estate, based on the duration of your marriage.
Answered on Oct 28th, 2011 at 1:21 PM
Trusts and Estates Attorney serving Troy, MI
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Barron, Rosenberg, Mayoras & Mayoras, P.C.
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You cannot disinherit a spouse through a will. However, you could establish a trust or a lady bird deed to accomplish your objectives. It is obvious you need the advice of an expert in estate planning.
Answered on Oct 05th, 2011 at 1:45 PM
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There is no easy yes or no answer to this question. It depends upon a number of factors, including, how title is presently held, the value of the assets in your probate estate and the ages of your children at the time of your death. I suggest that you meet with an estate planning attorney to address your wants and options. We charge $100 for a one hour consultation with an attorney who will provide you with important information regarding your specific case and will able to advise you on the options that you should consider in determining your next steps.
Answered on Oct 05th, 2011 at 1:10 PM
Tax Attorney serving Portland, OR
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Bullivant Houser Bailey PC
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You can will your property or house to your children without giving it to your wife. However, if your wife receives a share of your combined assets that is less than 5% to 33% of the assets depending on the duration of the marriage, she can "elect against the will" and get some of the assets you didn't give her.
Answered on Oct 05th, 2011 at 1:09 PM
1 Award
Property acquired prior to your latest marriage is considered separate property unless you use community funds to support it. You can will your share of the community property and 100% of your separate property to your kids. Failure to create a will can result in your current wife receiving a share of your separate property and 100% of the community property when you pass on.
Answered on Oct 05th, 2011 at 2:34 AM