Legal Question in Wills and Trusts in New York
Wills, kids, and ex-spouses
My husband & I had our wills drawn up about a year ago. We both have kids from prior marriages, and they are all minors. My husband has an ex-wife, my ex is deceased.
In our wills we leave everything to each other. We have each provided for our biological children thru life insurance policies, we agreed not to leave anything to our step-children. Our lawyer told us that since the life insurance policies are outside of the estate, and since we are providing for our children that way, we don't have to list the children in our wills.
When speaking to a friend it was mentioned that if my husband dies, his ex CAN come after me for a portion of his estate on behalf of his kids since his kids aren't specifically named or disinherited in the will.
Is this true?
1 Answer from Attorneys
Re: Wills, kids, and ex-spouses
Your lawyer is correct and your friend is misinformed.
Your husband's ex-wife can assert a claim against his estate (but not against you) for any unpaid alimony which may be due to her at the time of his death.
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