Choosing to be written out of will

[chzstrng]

Hello,

Straight to the point - my mother in law is a volatile and highly unreliable alcoholic who has debts.
My wife wants to be written out of her will.

If my wife is included in the will, does that mean here in California she would inherit her mother’s debt?
How would she go about removing herself? We can’t trust her mother to do it as she never gets around to anything.

Thanks in advance.

 

[Zigner]

Your wife can't force her mother to do anything. When/if the time comes, she can refuse the bequest. She won't be responsible for debt.

 

[adjusterjack]

If my wife is included in the will, does that mean here in California she would inherit her mother’s debt?

No. The estate pays the debts to the extent that the estate has funds and assets with which to cover the debts. If debts exceed assets then assets are liquidated to pay the debts down and whatever debts are left die with the deceased.

How would she go about removing herself?

She can't. But she can disclaim the inheritance after her mother dies. Though why she would give up free money (if any is left) is beyond me.

 

[Taxing Matters]

Hello,

Straight to the point - my mother in law is a volatile and highly unreliable alcoholic who has debts.
My wife and her mother have never gotten on well and my wife wants to be written out of her will.

If my wife is included in the will, does that mean here in California she would inherit her mother’s debt?
How would she go about removing herself? We can’t trust her mother to do it as she never gets around to anything.

Thanks in advance.

Your wife cannot control what her mother puts in her will. But if your wife decides she wants no part of the estate when her mother dies then your wife may simply disclaim her interest in the estate.

 

[xylene]

Just an FYI - you can't spite someone who is dead.

If your wife receives some inheritance, consider it good fortune.

Perhaps she needs some counseling to deal with the impending death of her problematic mother.

Because I assure you that nothing that is damaged by her mother's bad acts will be fixed by making sure she isn't in the will. And attempting to force her mother to disown her, which she can't do and even if she could... won't fix anything either.

 

[chzstrng]

No. The estate pays the debts to the extent that the estate has funds and assets with which to cover the debts. If debts exceed assets then assets are liquidated to pay the debts down and whatever debts are left die with the deceased.



She can't. But she can disclaim the inheritance after her mother dies. Though why she would give up free money (if any is left) is beyond me.

Thanks for your reply.
My wife would be happy to claim anything that’s there.
It was more out of concern that we would inherit her debt.

 

[chzstrng]

Just an FYI - you can't spite someone who is dead.

If your wife receives some inheritance, consider it good fortune.

Perhaps she needs some counseling to deal with the impending death of her problematic mother.

Because I assure you that nothing that is damaged by her mother's bad acts will be fixed by making sure she isn't in the will. And attempting to force her mother to disown her, which she can't do and even if she could... won't fix anything either.

Hello,

There’s no spite. We just wanted to rid the possibility of inheriting her mother’s debts when she passes.
Since that’s not the case, we’ll carry on the way we are.

And actually, I find your use of “impending death“ and counselling advice inappropriate to the question I asked.

 

[LdiJ]

Hello,

There’s no spite. We just wanted to rid the possibility of inheriting her mother’s debts when she passes.
Since that’s not the case, we’ll carry on the way we are.

And actually, I find your use of “impending death“ and counselling advice inappropriate to the question I asked.

While it may not mean much, it was clear to me that your concern was the potential that your wife would inherit her mother's debts. Since that cannot happen, just go with the flow.

 

[xylene]

And actually, I find your use of “impending death“ and counselling advice inappropriate to the question I asked.

It's consumer advice. Do whatever you want. She'd be the only adult child with an alcoholic terminally Ill parent...

And you aren't your wife.

 

[Just Blue]

Thanks for your reply.
My wife would be happy to claim anything that’s there.
It was more out of concern that we would inherit her debt.

What century is your wife living in...because it's been 100 years or more that debt was inherited.

 

[Just Blue]

Hello,

There’s no spite. We just wanted to rid the possibility of inheriting her mother’s debts when she passes.
Since that’s not the case, we’ll carry on the way we are.

And actually, I find your use of “impending death“ and counselling advice inappropriate to the question I asked.

It was totally appropriate advice given the question asked.

 

[chzstrng]

While it may not mean much, it was clear to me that your concern was the potential that your wife would inherit her mother's debts. Since that cannot happen, just go with the flow.

Thank you.

 

[chzstrng]

It was totally appropriate advice given the question asked.

Well no it wasn’t. The question I asked was of inherited debt, not how to handle psychological aspects of having an alcoholic mother.
But you and xylene can pretend it was and continue to be rude, inappropriate gatecrashing creeps if it makes you happy.

Thank you to everyone else for staying on topic and answering my question.

 

[Just Blue]

Well no it wasn’t. The question I asked was of inherited debt, not how to handle psychological aspects of having an alcoholic mother.
But you and xylene can pretend it was and continue to be rude, inappropriate gatecrashing creeps if it makes you happy.

Thank you to everyone else for staying on topic and answering my question.

Goodness. Might want to avail yourself of 21 Century info.

BTW...You can no longer be placed in Debtors Prison either. Just so you know.