This result was not necessarily harsh, the court pointed out. The parties were married when the husband died and, as his widow, the wife took unfettered ownership of property held in a tenancy by the entirety, not merely a marital share. Moreover, she took by intestate succession a one-third interest in all of the deceased husband's property, both marital and nonmarital. Whether the death of a spouse is an economic catastrophe or a windfall for the surviving spouse depends upon the character and extent of the decedent's estate, the court said. As Bell v. Bell illustrates, it is advisable, on behalf of a spouse named as beneficiary, to seek a specific provision in the order or decree prohibiting a change of beneficiary.
Case law supports the enforceability of such a provision.
The first book that gives women the support and guidance they need to safeguard their marital assets. Too often women find themselves at a disadvantage when their marriage ends.