If I die without a will (in DC) does my wife get everything or do adult children get a share?

[Anonymous]

Thanks for considering my question.

[Anonymous]

A will is not hard to write up -- just do it. The peace of mind is worth it.

[Anonymous]

How do you know a will will be enforced? I'll be dead and no one will be looking out for me.

[Anonymous]

http://www.nolo.com/legal-encyclopedia/intestate-succession-the-district-columbia.html

[Anonymous]

That's a helpful link. Thank you.

[Anonymous]

Anonymous wrote:How do you know a will will be enforced? I'll be dead and no one will be looking out for me.

It's a legal document, so the law will be "looking out for you" -- specifically your executor.

[Anonymous]

Anonymous wrote:

Anonymous wrote:How do you know a will will be enforced? I'll be dead and no one will be looking out for me.

It's a legal document, so the law will be "looking out for you" -- specifically your executor.

Not if your wife destroys it! Keep it at your lawyer's office. In some jurisdictions, you can file your will with the court before you die.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:How do you know a will will be enforced? I'll be dead and no one will be looking out for me.

It's a legal document, so the law will be "looking out for you" -- specifically your executor.

Not if your wife destroys it!

That's what I mean. People can jerk you around. After death.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:How do you know a will will be enforced? I'll be dead and no one will be looking out for me.

It's a legal document, so the law will be "looking out for you" -- specifically your executor.

Not if your wife destroys it!

That's what I mean. People can jerk you around. After death.

It's called a lawyer, dude. You hire them and they represent you. Even after you're dead

[Anonymous]

It is split between them.

[Anonymous]

What is the will was drafted years ago and the attorney is no longer practicing?

[Anonymous]

Anonymous wrote:What is the will was drafted years ago and the attorney is no longer practicing?

The attorney that drafted the will is irrelevant. Just be sure an executed (signed, witnessed) copy is protected.

[Anonymous]

It is not split between them.

This has happened to my DH. It goes to the wife, not the adult children. An updated legal document is needed. Make it very clear. A verbal promise to anyone is nothing. DH's father passed and 'said' everything was left to the son...NOT. He had a will but when things went sour with the wife, he forgot to update his will before he left earth. Everything went to the wife.

[Anonymous]

Anonymous wrote:It is not split between them.

This has happened to my DH. It goes to the wife, not the adult children. An updated legal document is needed. Make it very clear. A verbal promise to anyone is nothing. DH's father passed and 'said' everything was left to the son...NOT. He had a will but when things went sour with the wife, he forgot to update his will before he left earth. Everything went to the wife.

See, OP? The will is the key. You need one.

[Anonymous]

Anonymous wrote:It is not split between them.

This has happened to my DH. It goes to the wife, not the adult children. An updated legal document is needed. Make it very clear. A verbal promise to anyone is nothing. DH's father passed and 'said' everything was left to the son...NOT. He had a will but when things went sour with the wife, he forgot to update his will before he left earth. Everything went to the wife.

It is based on the laws of intestacy of DC, which is the topic of this question. You are talking about someone who had a will that didn't adequately (apparently) reflect the testator's wishes. Also, it is next to impossible to completely disinherit a spouse due to elective share provisions, without the spouse's consent. And further remember--the will does not control things that are left Payable on death, joint tenants with rights of survivorship, etc etc.