Beneficiaries and who gets what and when – 2nd Marriage

Beneficiaries and who gets what and when – 2nd Marriage

I am re-married with an adopted son from my first marriage and adopted son from my present wife. I have two step-daughters. If I die tomorrow, won't all my estate go equally to my wife (50%) and my two sons (50%) regardless of how I would rather have it divided? Could I have 50% go to do to my wife and 25% equally to my sons & step-daughters?


If you don't have a will then the state intestacy laws will govern. These are rules (statutes) states enact to determine how property is distributed if you don't provide otherwise. So, hire an estate planner and provide otherwise through a properly drafted and executed will. Also be sure to review how assets are owned (titled), and beneficiary designations, since these will affect what is governed by the will and the likelihood of your wishes being carried out. Unless you've signed a divorce or pre-nuptial agreement that provide in part or whole to the contrary, you should be able to do as you wish so long as you don't violate your state's spousal right of election (state laws which give a surviving spouse the right to claim a certain minimum portion of your estate). Bottom line - write a will and you can probably accomplish what you want, but review the points noted here with the attorney you hire.

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