husband’s will in ex-wife’s name.

UPDATED: May 22, 2009

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husband’s will in ex-wife’s name.

My husband has not changed his will since we got married. It still names his ex-wife as beneficiary. If something happens to him – how does that affect property or accounts that are in both our names? Just his name?

Asked on May 22, 2009 under Estate Planning, Tennessee


J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Bank accounts are different.  With respect to your bank accounts, you are joint account holders and have rights of survivorship meaning that if one dies, the balance of the account goes to the person surving.  Thus, the ex wont touch those.  As for the will:  does you husband have kids with his ex wife?  Is there a reason that he has not made the change to his will?  You should ask him to make some time to go with you to a estate planning lawyer to set up a new will for each of you and any trusts for your kids, if any.  I would make this a priority so that you are not battling with the ex.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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