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Fathers new wife named primary beneficiary

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ajlpics

Junior Member
What is the name of your state (only U.S. law)? California
Hi am new to this forum and am not really sure i'm posting to the correct one.
I'm looking for some advice really as I have no real understanding of US law and it's implications with regard to wills. My father and mother (both UK citizens) have been resident in the USA for 25 years and drew up their will in the US with myself and my sisters as beneficiaries (we are all UK citizens resident in the UK). My mother passed away three years ago and my father is since remarried. He has made his new wife primary beneficiary in his will. Can anyone tell me what implications this situation has on the status of myself and my sisters as beneficiaries. He may have continued to name us as contingent beneficiaries. My father and his new wife live in California.What is the name of your state (only U.S. law)?
 


nextwife

Senior Member
Are you asking if adult children can be disinherited? The answer is Yes.
You are correct, but naming one's spouse as beneficiary on a life insurance policy does not constitute disinheriting one's child! For one thing, life insurance proceeds are generally not even part of one's estate.

My kid is not named beneficiary on a given life policy, but that does not disinherit her. There is still everything else.

However, I certainly have the right to leave whatever I own to whomever I wish, with the limitation of what my spouse has a right to get.
 
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ShyCat

Senior Member
You are correct, but naming one's spouse as beneficiary on a life insurance policy does not constitute disinheriting one's child! For one thing, life insurance proceeds are generally not even part of one's estate.

The original poster only spoke of a will, so I don't know why you're going off on me about life insurance.
 

TrustUser

Senior Member
this is an example of why a/b trusts are used.

it is doubtful that your mother would have wanted some other woman to be able to choose who to give her assets to.

but as it currently stands, the new wife will get the entire estate, if she is alive when your dad dies.

there could, of course, be assets that dont pass thru the estate, such bank accounts with named beneficiaries, etc.
 

ajlpics

Junior Member
You've hit the nail on the head. My mother would deffinately not want this to happen. Excuse me if I'm repeating myself but does the simple fact that they are now married entitle his new wife to everything or would there have to be a will saying she is beneficiary. Could my father write clauses into the will stating that his children are to be the beneficiaries of his estate on the event of his new wifes death (presuming she survives him)??
 

Dandy Don

Senior Member
You need to be consulting with a California probate attorney to get your questions answered. You don't even know exactly what the will says, and you may not even find out until after he dies. If he wants to leave everything to her, that is his right and his choice, but it is almost certain that he will leave his children something.
 

cyjeff

Senior Member
Or, you could just TELL dad you have concerns and ASK him.

That will be the first thing any respectable attorney would tell you to do.
 

TrustUser

Senior Member
i wouldnt say it was certain, at all.

he may think a simple oral agreement with his new wife will suffice. that new wife could become "forgetful" at some point later.

the most likely scenario is that the father wants to take care of his new wife until she dies, and then pass on his entire estate to his kids.

a trust does this nicely.

it is very difficult for a child to talk about his "inheritance" to his parent, without feeling like a greedy so and so.

but what the op might consider doing is suggest that his father talk to an experienced person regarding his wishes as to how he wants to distribute his assets. and then verify that his estate documents, whatever they are, actually match these wishes.

in that way, the child is simply encouraging the parent to make sure his documents actually do what he wants them to do.
 

ajlpics

Junior Member
Thanks everyone. Your help and insight is very much appreciated. You're right in suggesting it is not easy to talk to a parent about these issues. My father is not the most open person at the best of times. However, the only way I'm going to find out for sure what's happening is to have that conversation.
 

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