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does will overpower spouse wish...........another words......if i die and my will says 30 perc to my 30 yo child from first wife........who died......would my present wife can change that? what power will has w survived wife? tnx
my previous question pls...........
Thank you for your question. A different professional here. I happen to practice in the state of New Jersey.My apologies but New Jersey does not have 'common law' marriages at this time, and does not recognize common law relationships as binding under local law. The former partners, if they were never legally married, are treated as 'legal strangers' and are not able to inherit from each other.Please let me know if I can assist further. Udachi.
ok ...but if i was married in russia,,,,,,does my now "american" - former russian wife.....can overpower my will?
i married in russia.........still together, but i have a son - 30 yo from my first wife who died 28 y ago........still married same wife
start over again
i married to her in russia--------we came here in 91-------still together......i wrote a will.........where is 30% to my oldest son from my first wife who died 28 y ago
I worry that after i die she might change my will...........
my q is..........is my marriage will overpower my 'Will"?
Thank you for your follow-up.Got it, sorry for the confusion. Vse ponyal. No, your wife cannot negate your will. Under New Jersey law, so long as you leave your current wife at least 1/3 of your estate, if not more, you can choose to leave more to someone else, including your first son. If you are really worried that your current wife is going to ignore your wishes, you may want to get a friend or a different relative to be the executor of your estate and make sure that your wishes are followed. While she cannot rewrite your will, she could possibly claim you didn't leave one, and then the rules on who inherits would have to be followed, which would favor your wife more--but if you leave a copy of your will with someone else, such an issue is far less likely to take place. Here is the link to the law that would allow you to leave whatever you feel necessary to your other son, but no more than the 67% of the value of your estate:http://law.onecle.com/new-jersey/3b-administration-of-estates-decedents-and-others/8-1.htmlPlease let me know if I can assist you further. Udachi vam!
I have a house (paid off) - on both names; brokerage account and 401 K- only my name..........
67% relate to which one?
I always filed joint return, however she is always house wife, never worked.......Tnx
Alex,Half of the value of the home would be considered part of your marital estate, and if the 401k is wholly in your name, then the value in that account would also be solely your asset. The 67% relates to ALL of your assets. It does not matter if she never worked, if she is on title of the property she has a 50% ownership right to that asset. Similarly if she is on joint checking accounts (as an example), she would be entitled to those funds upon passing.Good luck and kindly rate my answers to you at this time.
not my brokerage account..........
Thank you for your follow-up.You can also designate a beneficiary for your brokerage account and leave that to someone else, and therefore bypass probate, but only if that account is solely in your name.Good luck!
ready for my Q?