Phoenix, AZ asked in Family Law and Estate Planning for Arizona

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.

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1 Lawyer Answer
James L. Arrasmith
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  • Estate Planning Lawyer
  • Sacramento, CA

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.

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