Legal Question in Wills and Trusts in New Hampshire
Last Will and Testaments
My wife and I are joint owners in a savings Ira and stock portfolio. Her will generally states that half of her assets shall go to me and half to her son (from previous marriage). Does that mean he is entitled to half of her portion of any jointly owned assets?
1 Answer from Attorneys
Re: Last Will and Testaments
You must be certain that the assets are jointly owned; if so, upon the death of the owner the asset is immediately transferred to the beneficiary and does not go into the decedant's estate. According to the will as you stated the son would be entitled to 1/2 of the estate. Not to confuse things but you could decline whatever your wife leaves you in the will and take your statutory share if that share were more than she left you.
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