Legal Question in Wills and Trusts in Mississippi
Dad's Will
If my father has included me in his Will, does my wife of 14 years have any rights to those assets? Can My Father word the Will to disclude my Wife? Should he instead place his assests in a trust? I want to keep any assests of my Fathers from my wife if I can.
Thank You.
2 Answers from Attorneys
Re: Dad's Will
As long as your testamentary gift is not commingled with your marital property your wife does not have a claim to it. However, she may develop an interest in the property if she contributes to maintaining or protecting the gift. Your father cannot keep control of a testamentary gift for more than 21 years and 9 months. If he desires to control it beyond that he will need to create a testamentary trust.
Re: Dad's Will
Not to worry. If it's left to you, it's yours. Once you get it, just make sure that you maintain it separately, away from your marital estate.