Conflicting Beneficiary in wills
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Conflicting Beneficiary in wills
My wife and I are in process of making our Wills. We have a blended family – my kids, her kids, our kid. In both of our Wills we list each other as primary beneficiary. In the case of both of our deaths, we each list children as secondary beneficiaries. In my Will I list all 5 of our kids, in my wife’s Will she only list her biological kids. Does this create a conflict among beneficiaries if we both die simultaneously?
Asked on July 21, 2019 under Estate Planning, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
Since you are each the primary beneficiary of the other's will, you *can't* legally be considered to die "simultaneously": one of you must be deemed to predecease the other so as to give proper effect to the wills. You can include a provision in your respective wills saying that the two of you die simultaneously, one of you will be deemed to "predecease," or die before, the other; or you can leave it to the court to figure out, but that will likely involve litigation and legal expenses, depleting estate assets. It is better to have an election or choice of who is deemed to pass away first in your wills.
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