Wife is Terminal ...

[ProfSchiavo]

What is the name of your state (only U.S. law)? Missouri

My wife has terminal pancreatic cancer. If her will leaves the bulk of her estate to her 22-year-old daughter, does that mean half our house, her car, and so on will go to the daughter upon my wife's death? Is there no way I can retain ownership of the house and cars?

 

[xylene]

You will retain ownership of half the house, just as you do now. (assuming that's how you own it.)

The car she personally owns, if not marital property, will go to daughter.

 

[anteater]

As xylene alluded to, much depends upon how you and your wife own assets. Her will only covers assets that would be part of her probate estate - essentially, the assets that she owns separately or her ownership interest in assets owned as tenants in common.

You also have the right to elect to take a surviving spouse's share of the estate, despite the provisions of the will. In Missouri, it is called "taking against the will."

Look for Sections 474.160 and the following sections concerning the election at this site:

http://www.moga.mo.gov/STATUTES/C474.HTM