As long as you and your ex never remarry, perhaps. Spouses are entitled to an elective share of 33-50% of their deceased spouse’s estate. |
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My own mother was the absolute worst example for her children.
Half siblings picked and married men w kids and baggage - like her. They all relate so well w all the drama their choices. I knew immediately I didn’t want a life as such. Ick |
The PP upthread was saying that adult kids aren't entitled to anything, that it should all go to the second spouse. That's not correct. If you marry someone who already has kids, you need to be prepared for their estate to be divided among their kids AND you and any subsequent kids, if they die. Even if their kids are grown. The expectation that someone is just going to disinherit their children because they remarried is psychotic. Why would you *want* to marry someone who would do that to their own children??? |
For $$$ |
| Oh gosh, I really see my best friend in all of this. She has always liked older men, and at 36 she married a man 10 years older with 2 children. He's spread insanely thin, the kids are a handful, and she complains about all the attention they suck up from him, while planning to do IVF for a third child that he by his own admission doesn't really want and is only doing for her. I see her morphing into the evil stepmother, and I just worry that she's adding far more stress to the family in the plan to have a child, even though I understand why she wants one of her own. It's such a mess and could all have been avoided by not getting involved with a man with kids! She started dating him at 33, which is certainly still young enough to find a never married, childless man. |
Sigh. All too common. They both deluded themselves because they wanted the marriage. But there's just not enough Dad to go around. |
You disinherit because of the relationship or other reasons. I had savings coming into the marriage, my husband did not. Everything earned in our marriage is both of ours. We have been married a long time. If he gets ill, I will care for him, not his kids. They wouldn’t even know or care. All my money goes to him, all his money goes to me. It doesn’t go to any kids till we pass. That’s called marriage. We then took the estate to 50-50 and I give who I want to, he gives who he wants to, which ended up being the same. We disinherited his ex wife. She’s gets a ton of money for the rest of her life given they divorced before 30 and she got allimony, child support and half his pension despite being married 10 out of the 20 years. Enough is enough. She’d be the one to sue the estate. |
You are terrible to assume the worst of her. They are not her kids and her responsibility. Why should she have her own kids? |
I am not assuming anything. She uses me as a sounding board and everything I know has come directly from her own mouth. As I said, I understand why she wants her own child, but it will undoubtedly add another stressor to an already difficult situation. |
There are just as many charming single men. It's not like you're blessed with special charm for being divorced. |
I don't know why you would say that. In urban areas, many educated solvent men only begin to consider marriage by their 30s. Certainly when I was dating in DC in my early 30s, there were plenty of never-married men in my age bracket. |
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Anonymous wrote: The PP upthread was saying that adult kids aren't entitled to anything, that it should all go to the second spouse. That's not correct. If you marry someone who already has kids, you need to be prepared for their estate to be divided among their kids AND you and any subsequent kids, if they die. Even if their kids are grown. The expectation that someone is just going to disinherit their children because they remarried is psychotic. Why would you *want* to marry someone who would do that to their own children??? You disinherit because of the relationship or other reasons. I had savings coming into the marriage, my husband did not. Everything earned in our marriage is both of ours. We have been married a long time. If he gets ill, I will care for him, not his kids. They wouldn’t even know or care. All my money goes to him, all his money goes to me. It doesn’t go to any kids till we pass. That’s called marriage. We then took the estate to 50-50 and I give who I want to, he gives who he wants to, which ended up being the same. We disinherited his ex wife. She’s gets a ton of money for the rest of her life given they divorced before 30 and she got allimony, child support and half his pension despite being married 10 out of the 20 years. Enough is enough. She’d be the one to sue the estate." You don't get it. First of all, an ex-wife doesn't have to be disinherited because she isn't entitled to anything. I've never heard of anyone giving money to an ex-wife and the thought of that makes me laugh. Unless you structure your estate plan appropriately, your approach allows whichever one of you survives to do whatever they want with the money. You will be free to cut off his children from a prior marriage if he dies first, and he could choose to give it all to a stripper he meets after you die. |
The best thing to do in a second marriage for anyone with money and an income is to keep it separate. I favor owning a home as joint tenants with rights of survivorship so no one gets kicked out of their home at the death of their spouse. Besides that, you should have separate retirement accounts and keep an individual brokerage account in your name. Accounts in the living spouse's name are not part of the deceased spouse's estate, so they entirely avoid probate. I have a system like this because DH has several financially dependent family members (parents, siblings), and if he dies first, I expect they'll find someone willing to contest his will and get whatever they can. The likelihood of this happening in a second family with any means is very high. |