Q: My husband has a brain injury. I don't want him to get my money if something happens to me?
My daughter is on my checking and savings account and my husband is not.
A:
In Arizona, if you wish to ensure that your husband does not inherit your money, it's important to have a clear estate plan in place. This can include a will or trust that specifies how you want your assets distributed upon your death.
Since your daughter is already on your checking and savings accounts, these accounts will likely pass directly to her upon your death, bypassing your husband. However, for other assets you may have, it's wise to specify your wishes in a will or trust.
Without a will, assets are distributed according to state intestacy laws, which often favor the spouse. To avoid this, explicitly state in your will or trust that you do not want your husband to inherit certain assets.
It's also advisable to have a durable power of attorney and a healthcare directive. These documents can ensure that someone you trust will make financial and medical decisions for you if you become unable to do so yourself.
Given the complexity of estate planning and the unique nature of your situation, consider consulting with an attorney who can provide tailored advice and help you draft the necessary documents. They can help ensure your wishes are clearly articulated and legally binding.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.