Is my husband entitled to my inheritance from my mother?
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Is my husband entitled to my inheritance from my mother?
My mother left me her house and the beneficiary of insurance policies when she passes away. I am married. In the event that something happens to me she does not want it to go to my husband. She wants to insert that if I predecease her, then her estate will be split between my daughters.
Asked on January 19, 2011 under Estate Planning, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Who gets what, when, from a person's estate is up to that person, as long as he or she has a will. You mother may absolutely write in her will that if you predecease her, the money goes to your daughers/her granddaughters. Of course, if the girls are still minors at that time, your husband will end up controlling their money; or if the money goes to you but then you pass away, your husband will get some or all of it. There are ways to set up things to better accomplish your mother's goals (such as possibly creating a trust) and also to maximize tax benefit; your mother should sit down with a trusts and estates attorney who can translate her wishes into paperwork and legal structure.
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