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View Talapatra Nidhi book in pdf formatTag Archives: Wills and Trusts
Do I have to add my husband’s name to my Will?
If you want your spouse to be legally declared your beneficiary in a will, then the answer is “yes.” If you don’t have a will that reflects this desired outcome, then you need to get your testator (aka, your husband) involved.
When drafting a will, you may have assumed (wrongly) that your designated beneficiary was already named on your life insurance policy or that your heirs would inherit your estate if you died intestate (not under a will).
In either case, it is highly unlikely that the person you designated as your beneficiary would be given full ownership of your estate and might not even receive any payout if your insurance company paid your designated beneficiary without your approval.
If you don’t want that to happen, then your best option is to add your spouse’s name to your will. If you have not designated your spouse as a beneficiary on your life insurance policy, then do so as soon as possible. Your death certificate will need to be amended to include your spouse as a beneficiary, and he or she will need to complete an Affidavit of Death.
If you die without a will and no other person claims your estate, the proceeds of your insurance policy will go to the Social Security Administration or U.S. Department of Veterans Affairs as beneficiaries, not your spouse.
In short, if you don’t have a will, your spouse needs to be named as a beneficiary. It’s a common misconception that your spouse will automatically inherit your estate if you die without a will, but this is not true.
If you have questions about how to draft a will, contact the experienced and compassionate attorneys at Mendoza & Artamon LLP at (916) 693-6000.
Mendoza & Artamon LLP, a business and tax-law firm, provides unique legal services for businesses of all sizes. As part of our commitment to the success of our clients and their employees,
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