QUESTION
How long do you have to be married before she is entitled to my estate?
Asked on Mar 26th, 2014 on Estate Planning - California
More details to this question:
My father-in-law is dying as we speak from cancer and he got diagnosed with cancer on the 22 of February and got married on the 24 February is his new wife entitled to his estate?
17 ANSWERS
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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No. It is his. Does he have a will that mentions her? If not, then she gets any community property (probably nothing) and one-third of his separate property (half if he has only one child).
Answered on Mar 31st, 2014 at 8:54 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Yes, no or maybe so. It all depends on information not included in your summary. How are the assets titled? If the assets are in joint names between spouses or she is named as beneficiary, then she gets it all. If there is a Will or Trust that leaves assets to her, then she gets those assets. If there is a pre-nuptial agreement that says she gets nothing, then she gets nothing. If all of the assets are titled in your FIL's name and there is no Will or Trust, then she would be entitled to an "intestate" share of the assets, which is essentially the first $150k worth of assets, (plus any allowances or exemptions, plus reimbursement for payment of any estate expenses), plus 1/2 of the rest of the estate. The kids would get the other 1/2 of the estate. So there is no way to determine how much she would be entitled to at this point, without more information about the situation.
Answered on Mar 28th, 2014 at 5:21 AM
Edwin K. Niles
Has nothing to do with length of marriage. With no will, half of separate property (or one third if more than one child) would go to the wife and the balance to a child or children. Of course he can make a will and leave it however he chooses, regardless of marriage.
Answered on Mar 28th, 2014 at 5:21 AM
Probate Attorney serving St. Louis, MO
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Edward L. Armstrong, P.C.
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She would be entitled to a portion of his estate, in other words, he cannot disinherit her. The amount is really up to him and if she doesn't like what he leaves her she may file an election to take against the will. She needs to seek legal consul as the amount could vary depending on the estate assets and how they are titled (e.g., joint, in trust, in husband's name alone).
Answered on Mar 28th, 2014 at 5:21 AM
If he dies intestate she will get all of his estate via probate.
Answered on Mar 28th, 2014 at 5:20 AM
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That is a complicated question. It depends. You should speak with an attorney in the State where he resides.
Answered on Mar 28th, 2014 at 5:20 AM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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As long as he is legally married she is entitled to a wife's portion of his estate.. By memory.. in Michigan that is the first $60K or so plus 1/2 the balance.
Answered on Mar 28th, 2014 at 5:20 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Is father in law is competent; a post nuptial agreement could be developed limiting new spouse; however suggest you obtain the services of a probate attorney experienced in conservatorships to obtain control of the person and estate of the father in law, to foreclose any claim of the new wife.
Answered on Mar 28th, 2014 at 5:20 AM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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As soon as the officiant says "I now pronounce you man and wife" (or whatever she/he says). A spouse has the right to inherit under Ohio law at the instant that the marriage occurs.
Answered on Mar 28th, 2014 at 5:19 AM
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There are too many factors that go into your question, including how long your father lives, etc. That said, the wife, if there are no children will get 1/2 of all separate property. If there are 2 or more children, 1/3. The marriage definitely gives her rights, how many depends on several factors.
Answered on Mar 27th, 2014 at 11:39 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Without a will, maybe. It really depends on state law, whether there was a pre-nup, etc. Just because he is dying does not make him incompetent so he may want her to have his stuff. Somebody should talk with dad about what he wants to happen to his property. If he wants some or all of it to go to his children, then he needs to make a will that says that.
Answered on Mar 27th, 2014 at 11:39 AM
You only have to complete the ceremony and sign the marriage certificate to be considered a spouse. If your father-in-law has a will, the terms of that document will determine who inherit which parts of his estate. If he doesn't have a will, the state's intestacy laws will control. Furthermore, the title on things like property deeds, insurance policies, and bank accounts may impact who gets those items. Many states allow a surviving spouse at least some portion of the estate but it may not be very much.
Answered on Mar 27th, 2014 at 11:39 AM
Thomas Edward Gates
Yes, she would be entitled to his estate. He could draft a will giving others a part of his estate if he wishes.
Answered on Mar 27th, 2014 at 11:39 AM
Probate Attorney serving New Orleans, LA
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James G. Maguire
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Not unless he leaves it to her in a will.
Answered on Mar 27th, 2014 at 11:38 AM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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As soon as your father marries his new wife she became entitled to the rights of a spouse the same as any other spouse. The length of a marriage is not relevant. These include, but are not limited to: the right to file a spousal claim for support against the estate; the right to renunciation of the Will and receipt of her statutory share; and, the right to her statutory share in the event your father does not have a Will. If your father and his new wife entered into a prenuptial agreement the terms of such an agreement could affect spousal rights.
Answered on Mar 27th, 2014 at 11:38 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Yes, generally. I suspect there are additional facts.
Answered on Mar 27th, 2014 at 11:38 AM
If it is a community property state like California, then she automatically is entitled to one half of the community property estate, which should be minimal as there would not be much increase in equity in any house. But if he did something to make his personal assets community assets, such as putting the house in both names, then that increases the amount of assets that are community property. As to the non-community assets, if he has a Will/Trust, they pass precisely as the Will states> If there is no Will, the wife and children of his body share the remaining assets; if there are no children, the wife gets everything. You state that it is "my estate". You are not entitled to inherit anything unless you are named a beneficiary. You need to speak with your father in law when he is not in pain and has a clear mind as to what he wants done with "his estate".
Answered on Mar 27th, 2014 at 11:37 AM