Saraland, AL asked in Estate Planning and Probate for Alabama

Q: Married my 2nd wife 11 years ago. Now making a will. Is everything that I own now half hers and if I die all hers?

I have two 401k accounts and debts far less than the account totals. What can I give to my own 36 yr old daughter and grand daughter out of my retirement accounts if when I die my surviving wife believes she gets everything? She views all of my assets as hers upon my death - so I really have nothing left to give to my family.

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1 Lawyer Answer
Mr. James Parrish Coleman
Mr. James Parrish Coleman
Answered
  • Probate Lawyer
  • Robertsdale, AL

A: It is difficult, if not impossible, to discuss estate planning and other testamentary issues with fragmentary information. Your wife has a right to your estate if she chooses no matter what you do. Your retirement may not be part of your estate at your death. You should contact an attorney and get a consultation so you and him or her can discuss your situation and make a rational plan that expresses your wishes.

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