Quote:
Originally Posted by pb4uski
For all you know, her 1/3 share might be multi-millions of $.... or perhaps it is a second marriage and she is independently wealthly to begin with so 1/3 is fine with her.
OP has been clear that DW is on-board and will have plenty of money... why not accept the OP's assertion rather than stick your nose where it doesn't belong? Fine to mention that she is entitled to 50% under state law but no need to keep banging that drum.
|
The ideas in your first paragraph ignore the wife's legal rights. Sorry, but she's still entitled to a statutory share, even if the couple (or she alone) is rich and even if she's a second (or fifth) wife, unless she waives part or all of her statutory share in writing before or after her husband dies. Even if she "will have plenty of money," as you put it, she has rights.
The OP says there is no will or trust, so I think it's a safe bet that there is no written waiver, either.
People who don't like laws that conflict with their own ideas about what's appropriate sometimes ignore those laws and create bigger problems down the line. I'm not saying the OP fits in that category. On the contrary, it seems like he wants to do the right thing, as he asked whether he should see a CPA or a lawyer. The correct answer is that he and his wife should see a lawyer, who will advise her of her rights and then (if she is willing to waive her rights) will document her waiver to preclude a dispute after the OP passes.
I have no hesitation about advising consultation with a lawyer when someone has a legal issue that needs attention. That's all I intend to say about this topic. Over and out.