My husband is making a living will please help....?

Question

My husband is making a living will. He has my name on all his accounts but plans on leaving everything to his brothers & parents not to our children and me. Anyway... in the case he dies, since my name is on the accounts, will the money be withdrawn from my accounts to give to his family? How does it work? Thank you so much!!

Answer 1

Do some research and find out what State laws say.  I believe wife and children are first before parents and siblings.  If your name is on the accounts then I would not worry about it.  He thinks you know nothing.  Just satisfy yourself by doing some on-line investigating on the subject.  Then do not worry about it.

Answer 2

A living will is to document your wish that life-sustaining treatment such as artifical or technologically supplied nutrition and hydration, be witheld or withdrawn if you are unable to make informed medical decisions AND are in a terminal condition or permanently unconscious state. It can also include a DNR (do not resusitate) order.

Sounds like you are talking about a Last Will and Testament.  This assigns a primary person, and an alternate (in the event of primary's death) as executor to handle division of properties, debts, and obligations according to the will-holder's wishes.

One can specify a certain provision that all debts be taken care of before any division of property.  It may include that assets be liquidated if there is no cash flow to pay it.  For peace of mind, a single partner of a partnership, such as ownership of a home, co-titled autos, and even joint checking and savings accounts, cannot "sell or give away" these items without the others' permission.  He cannot just say in his will "I hereby give all my joint banking and savings account money to my brother".  However, he CAN withdrawal all of it before his death and put it into a savings of his own without you.    Then leave his personal single savings to his brother.  

It's really scarry to know that a man would leave his wife and blood children in such a horrible mess after his death.  That should give us all something to think about for the future.        

Answer 3

It depends on how your your State deals with an estate after death.

This needs to be discussed with an attorney that knows your State laws.Not all States are the same,so I found out on the passing of my wife.