QUESTION
If I die, could I leave my property and assets to my children?
Asked on Aug 19th, 2015 on Estate Planning - Illinois
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.
9 ANSWERS
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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That would be a yes.
Answered on Aug 25th, 2015 at 7:55 PM
Yes, you can draft a will that restricts the distribution of your estate to to your children. However, most state require that a surviving spouse receive some small portion of the deceased spouse's assets. Also, if you own property with your wife as "joint tenants," she will automatically receive full title to the property upon your death.
Answered on Aug 20th, 2015 at 9:39 AM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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If you are married when you pass away, even if your will attempts to disinherit your wife, she will be entitled to a "spousal elective share" which may be as much as a third of your estate if you've been married a long time. As a guy who is twice divorced, I recommend splitting the sheets. Why live with a woman who wants you to die? Get the divorce, make a will benefitting only your children, and buy a big screen TV, and take a cruise.
Answered on Aug 19th, 2015 at 4:51 PM
Edwin K. Niles
You should have a will drafted by a lawyer.
Answered on Aug 19th, 2015 at 4:22 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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You do not need to leave anything to your wife. However, you must mention her in your will. For example, "I am married to W and have three children, namely X, Y and Z. I give my estate to my children, share and share alike."
Answered on Aug 19th, 2015 at 2:52 PM
You need a trust stating your wishes and you should be fine.
Answered on Aug 19th, 2015 at 2:42 PM
3 Awards
You should meet with an estate planning attorney where you live. It is possible under certain circumstances but may require the use and funding of a trust. This is opinion is solely based upon the facts presented in the inquiry. Additional facts may be important and may change the analysis. If you are uncertain, seek legal counsel.
Answered on Aug 19th, 2015 at 1:53 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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There are ways that such can be done but it will take some estate planning and re-titling of your assets while you are competent and alive. See an attorney.
Answered on Aug 19th, 2015 at 1:41 PM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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In your will you can provide for distribution of your assets to any person or thing. This means that you can make your children the sole legatees under your will. A spouse does have rights of renunciation. In your case, since you have descendants, your wife can renounce the will and claim 1/3 of the assets in your estate regardless of the terms in your will. Assets that pass outside of your estate are not subject to the spousal right of renunciation. Your wife may also be able to claim a spousal award that would provide for her support for a period of 9 months after your death.
Answered on Aug 19th, 2015 at 1:40 PM