Will before marriage?

Will before marriage?

Daughter executor does not want my new wife to have anything. What can be done?


Your question was a bit unclear, so we filled in a few points. If we did not get it right, please re-submit it with more detail. We are assuming that you have a will in place naming your daughter as executrix (personal administrator) and that you are remarrying. Your daughter, you fear, will not wish to give anything to your new wife. First, if we understood the facts, you really need to re-execute your will following your new marriage to clarify exactly what you want done. If you are entering a second or later marriage, a pre-nuptial agreement is always a good idea in order to clarify who gets what. State law may provide that more (or less) than you want goes to your new spouse. Apart from all these issues, your daughter's role as executrix is to carry out YOUR wishes as expressed in your will. She is a fiduciary. That means she is in a position of trust and expected to act in a manner according to that level of responsibility. Failing to do so could expose her to suit and penalty. All that being said, if your daughter is antagonistic to your new wife, why not name a neutral person, or if the estate is large enough a bank or trust company to serve as executor and avoid the inherent conflicts. You'd be doing everyone a favor by doing so.

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