Survivorship and the “What-Ifs”

This is a true-life story. Husband and wife – he’s in his 80s with Alzheimer’s, she is in her 60s. Husband has estranged children from a prior marriage; wife has no children. Both have Wills and both expect wife will outlive husband. But then, wife dies suddenly, and husband unexpectedly dies a week later.

Wife’s Will leaves her estate to her husband or, if they were to die within 90 days of each other, her estate would go to charity. Husband’s Will leaves his estate all to his wife, nothing to his children. But, husband’s Will has no provision for distribution of his estate if wife dies before him.

Then, of course, the unthinkable happens. Wife dies unexpectedly from a rare virus and husband dies seven days later. Because they died within 90 days of each other, wife’s estate will go to charity. But, husband’s Will did not anticipate this sequence of deaths.

For purposes of his estate, it will be distributed as if he had died without a Will. Husband’s estate will go all to his children under the laws of intestate succession.

What an unfortunate result. Husband did not intend to leave anything to his children. But, because husband’s Will did not consider the “what-ifs,” his wishes won’t be carried out.

Estate planning is all about the “what-ifs.” What if my beneficiary dies before me? How long must a beneficiary outlive me before the gift to that beneficiary vests? What happens if a beneficiary is a minor child, will a guardianship be necessary?

Planning Ahead Column

By Lisa Alexander, Esq.

JAKLE, ALEXANDER & PATTON, LLP - Direct Line: 310-656-4310