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♥♫♥ Crystal ♥♫♥
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Your best bet is to talk to a lawyer, I think she will end up getting something because you are married and even if you get divorced unless you have a prenuptual agreement she will get some things as well. A lawyer can at least help you to make sure she gets as little as possible. If shes cheating and you can prove it you may be able to divorce her and she may get nothing or next to nothing because of it. Like I said though, a lawyer will know best. Good luck to you. |
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Mindy
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I would say ask a lawyer immediately. For the sake of your health, it also might be better to leave her if you are so unhappy with her. |
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forgivebutdonotforget911
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Most states have some sort of mandatory rules as to the spouse. IE: She gets 50% and the rest you can leave to who you want. It also depends upon what kind of state you live in. If you live in a community property state, it is assumed that all assets that are owned by the couple are community property, therefore go to the survivor. You might want to start shifting things into a trust for your children. If she agrees to that arrangement, she can not contest it after you are gone. A will can ALWAYS be contested. |
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Jo
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Divorce her. That way she won't get anything. |
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Shortstuff13
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You need to seek legal counsel to draw up a will if you don't already have one or if you do, perhaps it can be redone or revised. Take care of this matter right away then you can put your mind at ease. |
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Fantasy
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Get rid of her a$$ before you croke.....duh! |
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Lily VonSchtupp
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If you are in a community property state, she can probably contest the will successfully and get half - an example is Anna Nicole Smith.
You can either divorce her now, or set up an irrevocable trust that does not include her. However, again, if it is a community property state, she would have to know about the trust.
If you have a medium to large estate with property, cash, annuities, etc., I would suggest that you get an attorney who is very experienced in probate and estate planning and see if there are ways to get around it, although frankly, I can't see any.
Edit: As for not having time to divorce, that choice is yours. Do you want to take the money and the time now, or do you want to die knowing that she is going to get half of your estate no matter what you do.
Get a good divorce attorney, make her a decent offer, and go on with your life. You might feel so good after freeing yourself of her, that you can live to be 100! |
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sheila33
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See a lawyer, now and change your will. When you change your will, put in it that your wife does not receive anything from your estate and she knows the reason why. My dad used that wording in his will to stop one of my brothers and my sister from getting anything when he died, it worked, they didn't get anything. I don't know why it works, but it does, at least it does in Indiana. |
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wax
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First, unless you have a prenuptual agreement, don't get a divorce. She will mostly likely get 50% of what you have.
Talk to a lawyer (I know people cringe at the word) and have him help you draw up a new will. You may want to have another family member or close friend present as a witness so that the legality cannot be changed. A good personal lawyer should be able to get it drawn up and help you work through all the legal whatnots.
She may still end up getting something, though, especially if she invested anything in your home/car/etc. But you can make sure she doesn't get specific items. |
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'lil peanut
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First and formost state it in your will that you are knowilling leaving her out of your will and leave nothing to her. You MUST state so in your will or she will be able to get things you mean to go to other people. Get that done first. second thing you want to do is make sure you put a freeze on your assets upon your death and state how long you want the freeze to last, probably best at least 2 to 3 months because as soon as she gets the death certificate she can and probably will go to the places and say "communitiy property" and will most likely get things. Make sure her name is NOT on any of your accounts as of right now. If you do not wish to divorce her you must do all of these things immediatly or she will take from you things you want to go to the rest of the family. another thing is make sure you talk to whomever is the executer of the will now and explain in detail why you want these things done and make it clear she is to get nothing. |
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baalberith11704
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Unfortunately , as long as you are still married you can not leave her entirely out regardless of a will. |
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PRS
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You need to see a lawyer and write your will in such a way that she gets nothing. However, if you have been married for a long time and you have assets that you have accumulated together such as the house and cars she would still be legally entitled to them as property held jointly. That goes for the bank accounts. The only things you will be able to protect from her is your own personal property and pre-marital assets. I suggest you start divorce proceedings - that way you can be there to protect what you want protected.
Good Luck. |
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melouofs
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I am under the impression she gets half automatically. This is what I was told when I started working at my current job-I had to provide the names of beneficiaries for my life insurance and pension, and I was told then that my spouse automatically get 1/2-the beneficiaries are for the other half. You probably need to talk to an attorney, and for heaven's sakes, why would you stay married to someone who clearly makes you miserable? |
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steven m
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leave stuff to who you want and i think you can put a clause in the will to prevent it being contested. |
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Amy's Mom
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you'll have to divorce her |
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heidy g
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im a law student and i took a course on wills. actually even if you dont leave her a thing in ur will, she will still get the house, and a percent of ur $$$, and the car she uses even if its under ur name. there is no way to take the house from her because that is homestead. even if u divorse her before u die she still gets the house. unless she signed a prenuptial agreement when u got married. if not sorry man but she will not be left on the street. |
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TexasRose
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You stayed together for the sake of what? Is she taking care of you during your health problems? If you dislike her so much why not just divorce her? I know there are some bad women out there.....but we are only hearing one side of this. Sorry..but you made your bed....now lay in it. |
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mizzms
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make sure you put "my wife gets nothing..nada...zilch...not even a penny or a spec of dirt".in your will |
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Fiona M
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Right her out of your will, and specifically state, that you don't want her to get a thing.
If you don't have anyone else to give your monies to, after you pass, consider donating the money to animal shelters, or worthy foundations! |
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Chick-a-Dee
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State that specifically in your will. You don't want her to hae anything that was in your possession or in your name. Get someone who knows law to write your will and tell them she CAN NOT have anything. The will will overthrow any ideas of her getting anything at all. |
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Max50
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Your will write it how you like. |
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Odessa R
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just leave her out of your will , if you divorce you will end up paying her alimoney get your self a good lawyer have the will drawn up and tell someone (not your wife) about the will , so when you do pass they will know who to contact about your will !! |
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