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Jasper L. Edwards
If someone dies without a will, their surviving spouse
and children will still have some inheritance rights to their estate. However, if a valid will
exists, the surviving wife or husband will have the following choices:
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He or she can decide to take the inheritance stipulated in the
will.
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He or she can decide to take-against the will: This simply means
that they will receive a share of the estate according to the statute of statutory
share. It’s not a must that they inherit the amount stated by the
testator.
How to Leave Your Entire Estate to Your Wife in a
Will
Whether or not your wife inherits your entire estate will
depend on the laws of your state. If you pass on without a will, your estate is divided in
accordance with the state's intestacy laws. However, if you had a will, your spouse’s share will
depend what you leave. Any portion of your estate that is not subject to your state’s estate laws,
such as your retirement account, automatically belongs to whomever you
assign as beneficiary. Property and assets that were jointly acquired during your
marriage, such as your home, will automatically belong to him/her after you pass
on.
You can name your wife as the sole beneficiary of your
estate in your will. Depending on which state you live in, she will be entitled to all of your
property and assets. However, some states will automatically allocate a portion of your estate
to your children, if you haven’t made this provision in your will. Particularly if your
will was made before your children were born. In addition, if you intentionally disinherit a
child your in will, he or she may contest your will after you die. If successful, they will receive
a certain share.
Even though you can leave your entire estate to your wife
in a will, you must ensure that your state’s laws allow it.
RESOURCE BOX
Free Wills to Print provides detailed information on Free Wills, How to Write a Will, Last Will And
Testament, Living Wills and more.
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