Legal Question in Wills and Trusts in Connecticut
Not yet divorced and no will
I am at the tail end of my divorce and do not have a will. I will be traveling extensively over the next few months and am concerned of what could happen with my estate if god forbid something should happen to me. I have no children and my current life insurance has my niece as the beneficiary but everything else (the house which is still in both names and my 401k plans)denotes my husband who has been gone for over eight months. Can I execute a will and not designate my spouse as a beneficiary?
1 Answer from Attorneys
Re: Not yet divorced and no will
You can, and should, do a will naming someone other than your husband. Technically, if you die before the divorce has gone to judgment, hubby can demand his statutory share of your estate (that's a life use of one third), but you can't do anything about that, I'm afraid. Also, with the house, if it's in joint survivorship, it will automatically go to him and not through the will. Will he agree to execute a quit-claim deed now, breaking the survivorship nature of the deed, so that you'd each own one half, not in survivorship? Or sign a disclaimer of the statutory share, now?
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
