MIL died with will; FIL has none

[Anonymous]

MIl sadly died last week. She had a will leaving all to her husband. It stated that if he pre-deceased, her then all goes equally to their two kids. Each get a property.

FiL does not plan in creating a new will. He thinks this will be fine.

I have no clue. So much paperwork.

[Anonymous]

This might sound cold, but realistically FIL will be remarried by this time next year.

The new wife’s family will inherit everything and FIL’s kids will get nothing given his aversion for paperwork. Most likely new wife will be slightly younger than FIL and will outlive him, so his assets will become her assets.

[Anonymous]

I’m sorry for your loss.

Your MIL’s will passes everything to FIL since he’s still alive. Beyond that, her will has no bearing on what her children inherit. Most, if not all, states dictate that whatever is left of someone’s estate after all debts are paid will be divided equally between their biological and adopted children if they do not have a living spouse and they die without a will. However, since nothing is spelled out, if the children cannot agree on how to split the estate evenly, a probate judge could be the one to make the decisions. PP is correct that if FIL remarries and then dies without a will, his spouse might inherit everything.

If your FIL does not make any arrangements at all and has no spouse at the time of his death, someone will have to front the money for his burial/cremation/funeral expenses before the estate passes through probate, then submit the bill to the probate court for reimbursement from the estate, and hope that FIL’s estate will have enough money to pay all bills. He may have plenty of money right now, but will he if he ends up living to 105?

[Anonymous]

Anonymous wrote:This might sound cold, but realistically FIL will be remarried by this time next year.

The new wife’s family will inherit everything and FIL’s kids will get nothing given his aversion for paperwork. Most likely new wife will be slightly younger than FIL and will outlive him, so his assets will become her assets.

This is so cold and cynical. And yet I've seen it happen twice in my extended family. One time it was really ugly because the new-wife's children inherited a lot of art and jewelry and heirlooms, and the old-wife's children had to go begging to have things returned. New-wife's children lorded it over the others for years.

If your spouse is really concerned, OP, then I think they need to do all the legwork. Draw up the will, make the appointment to see the lawyer, whatever. Then they just have to drive their dad to the office that day and sign the papers. You cant expect FIL to actually *do* anything. Maybe they could frame it in terms of specific things like "we want to make sure mom's antique X collection stays in the family beyond a shadow of a doubt" or "we want to make sure grandbaby Larlo can grow up in the family home" rather than in terms of cash.

[Anonymous]

Anonymous wrote:This might sound cold, but realistically FIL will be remarried by this time next year.

The new wife’s family will inherit everything and FIL’s kids will get nothing given his aversion for paperwork. Most likely new wife will be slightly younger than FIL and will outlive him, so his assets will become her assets.

Same it happened in my family too. I think a lot of older women go "husband hunting" as their retirement plan. We didn't even get items that had been in our family for centuries, her kids got them.

[Anonymous]

Your FIL needs a trust. Even if he has little money other than the house.

[Anonymous]

My condolences, OP. I hope your husband is coping.

I would let FIL grieve for a while, then have his children bring him to an attorney so a new will can be drawn up. I don't know any elderly men who remarried after their wives passed away, but it's just a hassle when someone dies without a will. Please impress this on him.

[Anonymous]

Your Mom's will has nothing to do with what will happen when your Dad passes. He needs his own will even it it just says everything is divide evenly between his kids. This will make managing the estate so much simpler. If you Dad gets remarried it will get more complicated and his new wife will probably be entitled to something (unless there is a prenup). Worry about that when if and when it happens.

[Anonymous]

Anonymous wrote:Your FIL needs a trust. Even if he has little money other than the house.

Unless the FIL has over $12.9 million (or $25 million if he elects to “port” the MIL’s exemption — which he should, btw — get advice from a good tax accountant asap) in assets, he does not need a trust. It’s just more paperwork. If he wants to leave $$ in a trust, he can do so via his will. He does need a will.

[Anonymous]

Anonymous wrote:MIl sadly died last week. She had a will leaving all to her husband. It stated that if he pre-deceased, her then all goes equally to their two kids. Each get a property.

FiL does not plan in creating a new will. He thinks this will be fine.

I have no clue. So much paperwork.

Sounds like he never had a will in the first place. If he dies, he will die intestate and the money will go to whoever is named in his state's laws.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Your FIL needs a trust. Even if he has little money other than the house.

Unless the FIL has over $12.9 million (or $25 million if he elects to “port” the MIL’s exemption — which he should, btw — get advice from a good tax accountant asap) in assets, he does not need a trust. It’s just more paperwork. If he wants to leave $$ in a trust, he can do so via his will. He does need a will.

Wrong. He needs a trust to shelter from medicaid.

[Anonymous]

Anonymous wrote:MIl sadly died last week. She had a will leaving all to her husband. It stated that if he pre-deceased, her then all goes equally to their two kids. Each get a property.

FiL does not plan in creating a new will. He thinks this will be fine.

I have no clue. So much paperwork.

Not your concern. It's between him and his kids.

[Anonymous]

Anonymous wrote:

Anonymous wrote:This might sound cold, but realistically FIL will be remarried by this time next year.

The new wife’s family will inherit everything and FIL’s kids will get nothing given his aversion for paperwork. Most likely new wife will be slightly younger than FIL and will outlive him, so his assets will become her assets.

Same it happened in my family too. I think a lot of older women go "husband hunting" as their retirement plan. We didn't even get items that had been in our family for centuries, her kids got them.

Centuries?

What kind of items?

[Anonymous]

Anonymous wrote:My condolences, OP. I hope your husband is coping.

I would let FIL grieve for a while, then have his children bring him to an attorney so a new will can be drawn up. I don't know any elderly men who remarried after their wives passed away, but it's just a hassle when someone dies without a will. Please impress this on him.

Kids make the new will on Nolo/Rocket. It takes 1 day. Then bring it to dad to sign and store copies .

[Anonymous]

Anonymous wrote:This might sound cold, but realistically FIL will be remarried by this time next year.

The new wife’s family will inherit everything and FIL’s kids will get nothing given his aversion for paperwork. Most likely new wife will be slightly younger than FIL and will outlive him, so his assets will become her assets.

Depending on age, it’s more likely he will die. Most widowers die within a year of their wife.