Legal Question in Wills and Trusts in Missouri
will's
My wife has two old Wills , one 1987 when she was married to her first husband. The other 1995 when she was divorced. Since then she has remarried me. In turn she has named me as her sole beneficiary. On here cooperate insurance and her profit sharing / 401 k retirement plan her childern or secondary -- ''My question''. Are any of the old wills in effect sine we married and or would the cause confusion are court conflict if not superseded
please don't say possibly or maybe.
iIn other words by virtue of her most prevalent action concerning beneficiary would the court not conclude that I am the beneficiary since all other property would be mine at that time. Are could this old will cause a fight over all common property at the time of her death do to the fact that her children or named in both wills as beneficiaries.
2 Answers from Attorneys
Re: will's
Why would you think that marrying you would somehow invalidate any valid prior Will of your wife's? I will assume that the most recent Will revoked any pre-existing Will. So, if the most recent Will is valid, it's terms would be controlling upon your Wife's death to dispose of any assets she owns in her own name at the time of her death. Items such as life insurance policies, 401K's, and other such assets that pass to a named beneficiary upon the death of the owner are not included in the probate estate and are not controlled by the Will. If you and your wife own anything in joint names then you will own those things if you survive your wife. Your wife certainly can revoke her existing Will and write up a new one if she wishes to do so. Depending upon the wording of her Will there may in fact be some confusion as to who is entitled to take under the Will, which is a good reason to have the matter reviewed by an attorney.
Re: will's
If the 1995 Will is valid, the previous one is null. The actions you describe of placing you as beneficiary of her retirement, 401k, etc. are not affected by her will directly. If the 1995 Will is vaild, then the property that she has not already dispensed with will pass accordingly, absent any action by you as surviving spouse. Perhaps your wife wishes to make a new will or codicil, if she or you are concerned about what will happen at her death.
Good Luck
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