QUESTION
I just married my husband who is incarcerated. What are the legal implications if he is my beneficiary to my life insurance policy and estate?
Asked on Oct 08th, 2013 on Estate Planning - New York
More details to this question:
I have one 17 year old daughter living at home now. I also have two adult children that do not live at home. I am going to get a will made, and wish to make sure my home is paid off with life insurance money and my husband and children would be able to live there, if they wished. I want my husband to be my beneficiary but I am unsure if he would be able to perform these duties while incarcerated. What is the best way to handle this? Should I name someone else to be beneficiary of my life insurance and will until he is paroled next year?
1 ANSWER
Matrimonial Law Attorney serving New York, NY
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Law Office of Gerry Wendrovsky
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These are the questions that you should be asking the attorney that prepares your will, as your estate plan will include addressing how your estate debt (mortgage) is paid. Additionally, a felon can not be an executor of a will. You should consult with counsel.
Gerry Wendrovsky, Esq.,- Upper West Side Estate Lawyer
www.upperwestsidelawyer.com
Answered on Oct 12th, 2013 at 11:54 AM