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  1. #1
    Join Date
    Apr 2012
    Posts
    3

    Default Not in Wife's Will

    My question involves estate proceedings in the state of: Louisiana

    My wife (second marriage for me,first for her) and I have been married 10 years,she has no children,and only her father (85 years old),is in the picture.

    I recently found a copy of her will that I did not know existed(written 5 years ago),and I am not mentioned AT ALL in the will.It leaves all her assets to her father,who is in a nursing home,and names a friend of hers as the executor.It states pretty much that if her father pre deceases her,the executor is to pay all debts(1 credit card and about 10k on the motgage),and than pretty much do what she sees fit with the rest.

    Since we have been married every cent of my salary has gone into the household funds,not to mention a LOT of sweat equity in the home.She retired 4 years ago,and I have found out recentlly that since that time she has not been contributing to the household account and her retirement check goes into her personal account(we have yours,mine and ours accounts),and she pays the $400 motgage only.All other household expenses are paid by me.On top of this,she has 100k in a defered retirement plan(DROP),she is a very paranoid person and refuses to discuss money matters and only says that I will be protected.She is also in ill health.

    Having been burned when my first wife died (sans will) and my ingrate daughter got half the money from a home sale of a home she had NEVER spent the night in,needless to say I am gunshy.

    I guess my question(yes ,there is one) is can a spouse write their spouse out of a will like that?or am I protected.Dont want to be paying for a home all these years for someone elses benefit(again).

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,664

    Default Re: Not in Wife's Will

    If you want your wife to draft a new will that includes you, try talking to her about it.

    Does her current will predate your marriage?

  3. #3
    Join Date
    Apr 2012
    Posts
    3

    Default Re: Not in Wife's Will

    As stated in the OP,we are married 10 and the will is 5 so it was written after the marriage.She procrastinates on a new will,I think in large part due to her paranoia.She has always been the type to feel everyone is out to harm her(triple lock doors,etc).

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