Ask Experts Questions for FREE Help !
Ask
    johnieray's Avatar
    johnieray Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Jul 19, 2011, 02:07 AM
    My wife was named as beneficiary. She is deceased. Do I replace her in will?
    My wife was named as a beneficiary in a will, but has since passed away. Do I inherit in her place?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #2

    Jul 19, 2011, 03:05 AM

    Depends on the terms of the will. If the will specified, your wife and her heirs, then yes. Otherwise, her share may be divided up among the other heirs.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
    Internet Research Expert
    		  
    #3

    Jul 19, 2011, 04:06 AM

    Was the will in force at the time your wife passed (sorry she passed). If the will was in force and active then yes you are entitled to what was to come her way. If the will wasn't in force and that person is still living then it has no bearing as it's the choice of the person who wrote the will where the money / possesions go.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
    Expert
    		  
    #4

    Jul 19, 2011, 08:46 AM
    Quote Originally Posted by johnieray View Post
    My wife was named as a beneficery in a will, but has since passed away herself. do I inherit in her place?
    When you say "was named ... in a will", do you mean that the person who wrote the will (the "testator") died, leaving your wife still alive at the time the testator died, and that she has since died?

    If that's the case, the inheritance belongs to your wife's estate. You would inherit some or all of that, including her inheritance from that other person. The exact portion depends upon which state you are in. Did she leave a will?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #5

    Jul 19, 2011, 08:55 AM

    I took the question "inherit in her place" to mean that the testator was still living. But, the others are correct. If the testator predeceased your wife, then her share becomes part of her estate to be distributed to the heirs of her estate. However, if the testator was still alive when she died, then my answer stands.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
    		  
    #6

    Jul 19, 2011, 10:13 AM

    Yes please come back with more info.

    Was the wife still alive when the person who listed her in the will died ?

    Or has she died first ?

    Makes a big difference.

    The other terms of the will can effect, will need to know more than just named in will.
Not your question? Ask your question View similar questions
 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Beneficiary of deceased parent 401k [ 3 Answers ]

My deceased mother wanted to leave me and my siblings money from her 401k. She was married when she passed, but her husband was incarcerated. Does he lose all rights to the 401k?

Beneficiary of deceased inheritance [ 1 Answers ]

What is the duration of any document required by united states laws

What are a spouse's legal rights when not named in deceased Husband's Will? [ 1 Answers ]

My husband owned a family operated business and named our children the sole beneficiary of them at the time of death. Do I have any rights when not being named in the Will?

Changing beneficiary, FROM wife [ 2 Answers ]

My friend has been living with her partner for over thirteen years. He is still married. He gets a federal pension and if he dies, it goes to his wife. If he fills out forms (they May be online) to change beneficiary to his partner, is it legal?

Deceased Wife [ 1 Answers ]

My wife past away and at the time her name was the only name on the deed, after she passed the probate court granted me the home. I am the husband. Can the home be foreclosed on in my deceased wife's name if the home is now in my name?

View more questions Search