What happens if I have a Will and my husband doesn’t?

UPDATED: Feb 19, 2012

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What happens if I have a Will and my husband doesn’t?

Will my wishes be granted if I have a Will and my spouse doesn’t?

Asked on February 19, 2012 under Estate Planning, Louisiana


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

This is a tricky question. And it really all depends on what you have and what your Will states.  If you die without a Will the intestacy statutes in your state will govern distribution. First you realize that anything that is jointly held goes to your spouse automatically upon your death.  So any bank accounts, houses, etc., do not go through probate.  If he dies first then it all goes to you and your Will distributes the estate proceeds.  If you die first and you wish an account or a potion of a house to go to some one other than your spouse, that may not be followed through.  I would strongly suggest that you speak with some one about the assets you wish distributed and what will happen in both scenarios.  Good luck.  

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