married woman, separated from husband, 2 of 3 children are beneficeries

[dburrell]

What is the name of your state? Texas

Legally married woman of 36 years wants to creat a new will. Husband moved out 10 months ago to move in with girlfriend. Wife wants to name 2 their 3 chidren as her beneficeries for her half of the house and her life insurance. Is this legal?

 

[Dandy Don]

You need to contact the insurance company to fill out a beneficiary designation change form to have that change go into effect--if it was done just in the will, it would have no effect legally to achieve what you want.

 

[sharitz]

Let me guess.. One of your kids wanted to live with dad? If you honestly could disinherit a child over that, I can see why your husband left you.
Hiss.

 

[Dandy Don]

You also need to make sure you consult with an attorney when you make your will. Your spouse may be entitled automatically to a certain portion of your estate due to the length of the time he has been married to you, and it is better to at least leave him a small bequest, even if it's only $100, to avoide the possibility of him contesting the will and throwing probate into a big legal mess. And you need to mention specifically the reason you are leaving him such a small bequest, because of his irreponsible, reprehensible behavior.

DANDY DON IN OKLAHOMA ([email protected])