Wife not in will

[flowerlady]

My Husband and I were married 3 yrs. ago and his Will was made & recorded 4 yrs. ago, with all being divided between his 3 children. He has a very lucrative business & we are financially secure. His Will has not been updated at all, my name is not on any of our possessions or accounts at all, only on the marriage license. I have mentioned this once before, and he doesn't want to discuss it at all. He made me feel like an outsider for even questioning him about it. It seems like a matter thats none of my business. We live in his home which we made "our home". I take care of our business office, home, acreage, etc. I love him dearly, is this a matter thats none of my concern? This is getting kinda weird, especially when it causes us to be so uncomfortable around each other when I brought it up. Should something happen to him before me, what will I be entitled to?

 

[David_Staub]

A wife (or husband) who doesn't like the provision made for her (or him) in the deceased spouse's will is entitled to "renounce" the will and receive a statutory share of the estate under state law. The percentage share varies among the states, and so does the definition of "estate" against which the percentage is applied. State laws also contain a wide variety of significant details, limits, time periods for making the election, dollar allowances and exceptions to the basic rules. Also, renouncing the will may not apply where a valid prenuptial agreement exists.

You should talk to a local estate planning attorney to understand how this all works in your state. Furthermore, if you retire to another state, you will need to revisit the issue because the answers may change with your residence.