Should it matter that my husband made his daughter executor of his will?

1 answer | Last updated: Sep 14, 2016
A fellow caregiver asked...

He also states in his will that I may live in our house until my death, but did not leave the house to me.

Expert Answers

Legally, you husband has the right to choose whoever he wants to be his executor. Whether it "matters" that he named his daughter as his executor, rather than you his wife, is a question I can't answer. Of course it could matter in the personal sense as well as have practical consequences. However these are not legal issues, but personal family ones.

I cannot tell from your question if your husband is sole owner of the house, or if you own part of it. Of course he cannot leave any portion of the house he owns. If he owns all the house, he can leave it as he wants, with one possible major exception. The majority of states (called "common law" states) have laws that require a spouse to leave a certain percentage of his or her property to the surviving spouse. [The amount of this percentage varies by state.] If your husband did not leave you enough property to satisfy your state's requirements for leaving property to a spouse, you could claim your legal share regardless of what his will provides.