QUESTION

If I die, can I leave my property and assets to my children?

Asked on Mar 17th, 2011 on Estate Planning - Florida
More details to this question:
I want only my children will receive my assets when I die. My wife will receive nothing because she wants me to die and leave her as the receiver as my legal wife. Could it be possible? Thanks.
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3 ANSWERS

Theodore W. Robinson
I don't know where you live and its an important consideration because each state has different rules about estates, etc. If you do not want anything to go to your wife, you must make up a Will that directs such a thing. However, remember that your wife always retains what's known as a "Right of Election" against your estate that allows her to receive up to one half of your estate regardless of what you say in your Will. Instead, you may be able to put everything into a Family Trust and that way exclude her from getting anything. However, for either one of those things you will need the help and assistance of an attorney. See one locally for additonal advice.
Answered on Mar 21st, 2011 at 12:26 PM

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Criminal Defense Attorney serving Seattle, WA at Mercado & Hartung, PLLC
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Washington is a community property state so everything (few exceptions) you acquire during the marriage are considered property of you and your wife. Separate property is the property you acquired before the marriage. You can decide who gets your separate property and you can exclude your wife (via a valid will), however, community property will become your wife's property. You may need to speak with a family law attorney.
Answered on Mar 18th, 2011 at 2:21 PM

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Trusts and Estates Attorney serving Jacksonville, FL
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In most states like Florida, while you can disinherit a spouse, they can claim an elective share (30% in FL). You can leave everything to your children as long as the assets are titled in your name alone and it is not your homestead. Your spouse would have a claim to your homestead under operation of law as well as 30% of your elective estate if she choose to enforce her rights.
Answered on Mar 18th, 2011 at 2:13 PM

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