Father does not want daughter in law to inherit from him
A parent does not want their son in law or daughter in law to inherit from their estate when they pass away.
Attorney Tom Olsen: Ray, you're on News 96.5, go ahead.
Ray: My question is about the designation of a beneficiary in my will. I have two sons who are both married and are both to be my only beneficiaries equally in my will. The trouble is one of my sons is getting a mutual divorce because of his wife's infidelity who wants to marry her lover at this time. I do not want that wife to receive any of that son's inheritance either now or after the divorce. Is there any way that she can contest our will to try to get some of my son's inheritance after the divorce and or should I specifically make a codicil in my will and only leave her $1?
Attorney Tom Olsen: Ray, the codicil is not necessary but let's assume that they finished their divorce, now your son is a single man, then you pass away and your son inherits one half your wealth. There's no way she's going get any of that other than if he's having to pay her alimony and he might be paying that alimony payment out of the money he inherits from you. The other possibility, Ray, is that you pass away while he is still alive. Ray, the good news there is that Florida the law is very clear that here in the state of Florida what you inherit is yours to keep if you get divorced.
Ray, all in all, I am not concerned. I think there's a 99.9% possibility in this situation your wishes and desire are going to come true without you having to do anything else.
Ray: Okay. Now just to make sure there's not a flaw on the appointment here, I'm a Florida resident and he's in another state.
Attorney Tom Olsen: Ah, okay. I told you here in the state of Florida what he inherits is his to keep. I don't know about that other state. You may need to check in with probably his divorce attorney would be a good source of information for you and to tell you, "Hey if I die tomorrow and my son inherited $500,000 from me, would that now be part of the divorce negotiation?" I think his divorce attorney would be a good one to give you information on that.
Ray: Divorce is going to happen relatively soon but I'm just afraid that she can do some clawback to get money after the divorce.
Attorney Tom Olsen: No, no way Ray. I am not concerned about that issue.
Ray: No way.