Can my wife cut me out of her Will if she passes before me?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can my wife cut me out of her Will if she passes before me?
We have a IRA in her name; we’ve been married over 30 years. Can she draw up a Will that could leave the IRA in another family members name and not me?
Asked on August 10, 2016 under Estate Planning, Missouri
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
First of all, if a designated beneficiary has been named to receive your wife's IRA proceeds upon her death, then those proceeds transfer outside of her estate and are paid directly to the person listed as beneficiary. If she has neglected to name such a beneficiary, then the proceeds will pass to her estate. In that event, those proceeds along with the rest of her estate will be paid out as determined by the terms of the Will. In MO, as in most states, a spouse cannot person completely disinherit their surviving spouse. If a surviving spouse is left out of the deceased's Will, they have a "right of election". In MO, a surviving spouse inherits 1/3 of the estate if the deceased had children and 1/2 of the estate if there are no surviving heirs.
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 AttorneyPages.com 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.