If I die, could I leave my property and assets to my children? 14 Answers as of August 25, 2015

I want only my children will receive my assets when I die. My wife will receive nothing because she wants me to die and leave her as the receiver as my legal wife. Could it be possible? Thanks.

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Law Office of Pamela Braynon | Pamela Y. Braynon
WRITE A WILL. The court's will follow the will accordingly.
Answer Applies to: Florida
Replied: 8/24/2015
Wellerstein Law Group, P.C.
Wellerstein Law Group, P.C. | Elisha Wellerstein
Under NY law you cannot disinherit your wife. If you try, she will be able to take her Elective Share and get 1/3 of you estate. You may want to do some Trust planning or gifting while you are alive to avoid this.
Answer Applies to: New York
Replied: 8/21/2015
Sebby Law Office
Sebby Law Office | Jayne Sebby
Yes, you can draft a will that restricts the distribution of your estate to to your children. However, most state require that a surviving spouse receive some small portion of the deceased spouse's assets. Also, if you own property with your wife as "joint tenants," she will automatically receive full title to the property upon your death.
Answer Applies to: Nebraska
Replied: 8/20/2015
Law Offices of Richard M. Levy P.C.
Law Offices of Richard M. Levy P.C. | Richard M. Levy
If you die still maried to your wife, she will be entitled to the same amount of your assets as she would have if you did not make a will.
Answer Applies to: New York
Replied: 8/19/2015
Minor, Bandonis and Haggerty, P.C.
Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
If you are married when you pass away, even if your will attempts to disinherit your wife, she will be entitled to a "spousal elective share" which may be as much as a third of your estate if you've been married a long time. As a guy who is twice divorced, I recommend splitting the sheets. Why live with a woman who wants you to die? Get the divorce, make a will benefitting only your children, and buy a big screen TV, and take a cruise.
Answer Applies to: Oregon
Replied: 8/19/2015
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    You should meet with an estate planning attorney where you live. It is possible under certain circumstances but may require the use and funding of a trust. This is opinion is solely based upon the facts presented in the inquiry. Additional facts may be important and may change the analysis. If you are uncertain, seek legal counsel.
    Answer Applies to: Nevada
    Replied: 8/19/2015
    Ashcraft & Ashcraft, Ltd.
    Ashcraft & Ashcraft, Ltd. | Randall C. Romei
    In your will you can provide for distribution of your assets to any person or thing. This means that you can make your children the sole legatees under your will. A spouse does have rights of renunciation. In your case, since you have descendants, your wife can renounce the will and claim 1/3 of the assets in your estate regardless of the terms in your will. Assets that pass outside of your estate are not subject to the spousal right of renunciation. Your wife may also be able to claim a spousal award that would provide for her support for a period of 9 months after your death.
    Answer Applies to: Illinois
    Replied: 8/19/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    There are ways that such can be done but it will take some estate planning and re-titling of your assets while you are competent and alive. See an attorney.
    Answer Applies to: Michigan
    Replied: 8/19/2015
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