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Can a will cover this ?

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Arky217

Junior Member
In Arkansas,
Suppose a married couple have no children of their own but each have grown children from previous marriages. They also have no wills made out.
When one spouse dies, I assume that the estate then belongs to the remaining spouse.
When the remaining spouse dies, I assume that the estate goes to the remaining spouse's children.

The question: While both spouses are yet alive, what can be done to assure that after they both die, the estate will be distributed to the children of both spouses ?

Or, if the spouses can't agree on this, can one spouse make out a will in such a way that when they die, their half of the estate goes to their children instead of to the remaining spouse ?What is the name of your state (only U.S. law)?
 


divgradcurl

Senior Member
The question: While both spouses are yet alive, what can be done to assure that after they both die, the estate will be distributed to the children of both spouses ?
You would need an irrevocable trust. Anything else would allow the surviving spouse to change the distribution of things.

Or, if the spouses can't agree on this, can one spouse make out a will in such a way that when they die, their half of the estate goes to their children instead of to the remaining spouse ?
Generally yes -- but you will need to do some research on the laws in your state, because most likely the surviving spouse is entitled to something from the estate, regardless of what the will says.

Your best bet is to sit down with an estate planning professional in your state, who can review all of the facts of your situation and advise you accordingly.
 

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