Q: If my husband passes before changing his will, who will benefit?
My husband's will was written during his previous marriage with his ex-wife and daughter as beneficiaries. He has every intention of changing it but has not yet. My concern is losing the house which is solely in his name and having to start all over because I did not receive anything from his estate. I would sleep better at night knowing I won't be left desolate if he passes before changing it.
A:
If your husband dies without changing his will, his estate will pass as if his former wife (still mentioned in the will) had predeceased him. It doesn't revoke the whole will, however, so chances are his daughter would inherit his entire estate, subject to your right to take an elective share against his will. That elective share could be anywhere between 10% and 40%, depending on how long you were married.
For more complete and definitive advice, take his will to an estate planning attorney for review. Better yet, he should take his will to an estate planning attorney to have it updated.
Anthony M. Avery agrees with this answer
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