What will a wife inherit if her name isn't on anything? 2 Answers as of March 05, 2012

There is a recently married couple who are older. The man has all property and bank accounts in his name. He refuses to add wife's name to anything. He has a will leaving everything to his step-daughter and son. He purchased a mobile home for him and wife to live in but it is in his name alone. Upon his death, what will wife inherit?

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Martin Barnes - Attorney at Law
Martin Barnes - Attorney at Law | Martin Barnes
While generally, the gentlemen's will is going to guide the distribution of his assets upon his passing. A current wife would have standing to make a claim against the will. She should visit with an attorney who can help her prepare and present a spousal claim against the will.
Answer Applies to: Indiana
Replied: 3/5/2012
Bernard Huff, Attorney/Mediator
Bernard Huff, Attorney/Mediator | Bernard Huff
It depends on the state's inheritance laws where the older couple live. Many states allow the living spouse to take a share of the deceased's spouse's estate in spite of or against the will. Also, the living spouse may have an interest in the homestead property or the couple's main residence which one spouse cannot deed away. The living spouse should consult with an estate or probate attorney regarding her property rights after her husband's death.
Answer Applies to: Indiana
Replied: 2/8/2012
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