QUESTION
If I marry a man who has an adult son am I or is his son next of kin in the will?
Asked on Apr 23rd, 2016 on Estate Planning - Louisiana
10 ANSWERS
Commercial & Bankruptcy Law Attorney serving Powell, OH
at
Ronald K. Nims
Update Your Profile
When a person writes a will, they can name whoever they wish as their heir and executor. A surviving spouse has certain rights and can't be cut off completely. An adult child has no inheritance rights and can be cut off completely.
Answered on Apr 27th, 2016 at 3:24 AM
Probate Attorney serving Newport, OR
at
Minor, Bandonis & Haggerty P.C.
Update Your Profile
Marriage revokes a will in Oregon, unless it says it is not revoked by the marriage. So, your husband will have to do a new will. Hopefully his will does not use murky terms like "next of kin," but names individuals who will inherit. Estate planning in a second-marriage situation is tricky, and he should find a good estate planning lawyer to help him with this process.
Answered on Apr 26th, 2016 at 10:01 PM
Thomas Edward Gates
If there is an will, it will state who is to receive what from the estate. If there is no will, he will die intestate and state intestate statute will define who gets what.
Answered on Apr 26th, 2016 at 10:01 PM
It is up to him. If he dies without a will, you are the next of kin via intestate succession, but the son will get a share as well.
Answered on Apr 26th, 2016 at 9:57 PM
3 Awards
He can leave his estate to whoever he likes in a revocable Trust. If his assets are subject to probate, it is a bit more complicated. 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. We are not your attorneys. This answer is being offered to assist you in determining if you need to retain legal counsel to assist you, not to resolve your issue through an email inquiry.
Answered on Apr 26th, 2016 at 9:56 PM
Commercial Attorney serving Chicago, IL
at
Ashcraft & Ashcraft, Ltd.
Update Your Profile
If a person has properly prepared and executed Will then they can name any person as a legatee under the Will regardless of the relationship to that person. A will can be used to disown a spouse or descendant. A spouse does have the right of renunciation. In Illinois, the right of renunciation means that the spouse can claim 1/3 of the probate estate regardless of the terms of the Will. The Will only applies to the remainder of the estate, and the spouse cannot claim under the Will and by right of renunciation. If there is no Will , the statutory rules of descent and distribution apply. In Illinois a spouse will receive ? of the probate estate and the descendants will share ? of the estate.
Answered on Apr 26th, 2016 at 9:55 PM
As a spouse you will have certain rights. You will be entitled to a portion of his estate.
Answered on Apr 26th, 2016 at 9:55 PM
Estate Planning Attorney serving Baton Rouge, LA
at
The Stutes Law Group LLC
Update Your Profile
The term "next of kin" is generally used in cases of notification when a person is injured or dies. I assume your question is actually who would inherit if your husband died. In Louisiana, a person may leave his or her property to anyone they choose, unless they have a child who is a "forced heir," generally someone who is under the age of 24, or incapable of taking care of their own affairs. (Remember that community property is owned one-half by each spouse.) In addition to a will, each person should have a health care power of attorney to designate someone to make health care decisions if they're not capable of doing so. If there is no will, the children generally inherit, subject to a usufruct in favor of the surviving spouse, meaning the spouse has use of the property until death or remarriage.
Answered on Apr 26th, 2016 at 12:11 PM
Probate Attorney serving New Orleans, LA
at
James G. Maguire
Update Your Profile
Adult child would be husband's next of kin, but not yours, unless you adopt the adult son. A will can change that.
Answered on Apr 26th, 2016 at 11:39 AM
You both are next of kin. In many states you would have preference over an adult child if there was some confusion about the terms of the will or if there wasn't a valid will. Some states also recognize what used to be called a "dower portion" where by the wife gets a small percentage off the top of the estate and then the rest is distributed according to the terms of the will or by intestacy law.
Answered on Apr 26th, 2016 at 11:39 AM