| Letters like this are the reason I hesitate to have my ex as the executor and trustee of my estate. (even though it would be easiest, since our daughter gets the bulk of my estate.) It would piss me off if some woman married him, got to raise my kid and took the money I worked for my whole life and spent it on her own kids. F that. |
Have some trusted relative serve as the trustee. Unfortunately, men lose any backbone and the path of least resistance to disappoint/let down their children is chosen over standing up to the new wife. |
This. My best friend is my executor with one of my brother's as backup. I saw the handwriting on the wall with my ex early on. (My kids have already inherited real estate and small bequests from other family and my ex tries to reduce his CS accordingly.) |
The Dad's first wife died 4 years ago. That's plenty of time for everyone to grieve and for him subsequently to meet a new wife. Dad has told the Stepmonster no. As long as he sticks to that, then he does not suck. It is unreasonable to expect a stepparent to have the same "interest" in stepchildren as the biological parent. It is not necessary for the stepparent to do so as long as the biological parent defends the children's interests. |
He picked the wrong woman. |
No, dad sucks. He clearly picked a woman that shouldn't be near his girls - those issues are surely just the tip of the iceberg |
Yeah - they can try that but it's illegal. Nice to set up trusts. We are doing that and none of us plan on even dying soon (but we have a special one so it's doubly necessary for him but all are getting one). |
A good lawyer will write down everything in your meeting with him/her. Much of that will be contained in legal documents but all of your intentions and wishes will be in his notes. He specifically asked us both questions as he wanted to know the answers just in case different scenarios come up ever in the future |
There is a difference between a) the step-parent not being as invested in the children as the bio parent and b) the stepparent actively trying to undo the legacy a deceased parent left for the good of the kids. This woman wants to alter/decrease the benefit of the dead mom's money fot her DD and divert it to benefit her own future offspring. Talk about entitlement! |
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I think that part of the problem is that I can imagine circumstances when it would absolutely make sense to pull a kid out of a fancy private school. For example, if one of the kids developed severe medical issues and the decision was to have Dad stay home for a few years and use the insurance payout to replace income. Or if a child who was doing well in a rigorous private in early years began to flounder as the difficulty level increased. Or the father experiences sustained unemployment, and decides it's better to keep the girls in their family home than in their school. Or one girl has her heart set on studying abroad for her senior year and wants to disenroll and use her tuition for that.
So, part of the challenge is to write the will so that the surviving has enough flexibility to reallocate the money in "right" ways, while protecting the kids from situations like stepmonster. Hopefully an expert can help sort that out. |
This is why you have a trust and designate a non-conflicted party (i.e. not biodad) as a trustee to make these decisions. A will cannot account for many changes in circumstances. But a trustee can be authorized to pay out for categories of things as the trustee sees fit - educational expenses, living expenses, health expenses, etc. - without mandating so. Then trustee can pay living expenses short term if Dad loses a job, but can refuse to do do just because Dad wants a fancy mansion. |
| I would be deeply offended if my spouse did not name me as the trustee and executor of the trust/estate. Basically that says "you suck and I don't trust you to do the best for our children after I die". Why are you even married to a person for whom that is true? |
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No, it says, I recognize you will have different pressures and interests on you after I die. I am setting this up so you can be sheltered from that and someone else can help with this duty while you focus on your and the kids' daily life." If I were the Dad in the Hax column, I'd be grateful to be able to say that I had no control over the money and that others determined what it could be used for. Stepmom basically would have to stop nagging the dad about it. |
No compulsion to tell your spouse that you have a trust and who the trustee is. It's kind of like a pre nup. Yes, some people would not marry because the idea of a pre nup is offensive. Some people have the maturity to recognize that circumstances and people change. |