Legal Question in Wills and Trusts in Colorado

Re: Wills

There are two aspects to your question.

First, you can leave anything you own to anyone you like in your Will.

However, as your question indicates, there are some instances where a Will is not followed in every detail for assorted reasons.

If it is in your name only, it will likely pass directly to whomever you bequest it to. However, your husband may have the right to claim it as marital property. I would have to know a great deal more about your situation. It shouldn't automatically default to your husband if you leave a Will. It should require him to make a request, and he would have to be able to show a good reason why it shouldn't go to whomever you bequested it to. Just being your husband is not enough. There has to be more, such as the vehicle is the only one owned between the two of you at that point, or the real estate is the marital residence where he still resides.

Any financial instrument which has a named beneficiary should pay out 100%. The only exception is certain kinds of retirement benefits, which may have a reduction of some kind built into their rules.

An attorney who does estate planning should be able to help you set it up to maximize the likelihood of your Will being executed as you want. You should also consider discussing what you want with your husband. He might be willing to do a reciprocal Will (where he leaves the same things to the same children).