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My estate states that none of the money in my trust will go to a child from outside our marriage.
Your friend should have set up a trust for her son and set the $$ to go to him. Now the money the H makes is up to him to spend how he pleases. |
x a million |
I agree with this. If he was nearing 50, he spent his high earning years with first wife and kid. They saved and had a plan together on what to do with those funds. It does seem against first wife wishes to “give” it to other kids - especially the step kids. AND - if he dies now - new wife would technically get everything unless here are specific protections or trust for oldest son. New wife comes in at the point when he is already rich, new family gets benefits of all the early years of hard work. However - I would say that everything he earned while married to this new woman is different. I was an adult when my mom died. Her will specified everything go to my brother and me. She was living comfortably. New husband of one year thought he deserved 1/3 of the estate! She had worked really hard and invested and was clear in her will. However, he made it very unpleasant. While she was alive she paid for everything (housing/food/travel). Her choice. Glad her will was clear. But it wasn’t like they “earned” the money together. |
nailed it. |
That’s silly. You should just create a trust for your children. Less drama and actually legally binding. |
you don't know remotely everything that your late friend and her DH had discussed. moreover, you don't really know all the details of his relationship with his bio-son and with his new fiancee/soon to be family. focus on your family and your family alone. good lord, what makes you think this is ANY of your business? and who care what you think or what you would do - it's his/their life, not yours. |
| this is why i am glad i do not have money. |
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We set up our will so that if I die (I’m DW), a portion of our estate gets set aside into a trust for our kids. There will be plenty left for DH to remarry and have a good life with her and any kids she brings to the family. But I feel better knowing that our kids have a decent amount set aside just for them.
OP, I understand why you are concerned but I don’t think there is much you can do about it. Where is the biological father of the other two kids? Won’t they also get support from their father? And what about the new wife’s estate - is she also splitting four ways to include your friend’s son? In some ways it’s admirable that he’s treating all the kids the same but this boy has already lost his mom and now he may be losing his dad to his dad’s new family. |
This, OP. |
| OP I get it. I think it’s wrong too. Maybe tell the son to hire an attorney to represent his interests? I would tell the husband that he isn’t following the wishes of his first wife. It’s wrong and he should know someone knows it. |
| After reading OP’s update that it was actually money that the wife made, and that she’d discussed it with the friend, I would have a big problem with it. I would tell the son about his moms wishes. That’s all you can do. And write off that father, he has no morals or decency. Stealing from a dead mother who died too early is about as low as it gets. |
| I am my stepparent's beneficiary. And my stepsiblings are beneficiaries of my parent. |
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I am curious why biological children are so deserving? He is raising three other children as their father but only the biological offspring deserve support?
You wonder why adopted children need to find their "real" parents. They know they are second class. |
Do you wAnt your money going to your former H's stepchildren? |
The dead beat friend is nobody's step parent. Her money should go to her son. |