Reply to How to Keep Inheritance Separate

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]I'd like to keep this separate from marital assets so that it will go to my parent's grandchildren (my children with my spouse), NOT to any potential future spouse of my partner or children of my partner and a future spouse, should I die and my partner remarries and has future children.[/quote]

Not wanting the assets to go to the partner's step children seems reasonable, but not wanting the money to go to your partner's future children seems pretty awful.[/quote]

No mother wants her parents' assets to go to her partner's future children and dilute what is available to her own children.  No parent wants their legacy to go to their children's spouses' future children rather than their grandchildren.

It sounds like you are approaching this from the perspective of the poorer spouse rather than that of a donor.  [/quote]

Nope, I am approaching it from the perspective that my partner is going to treat our children exactly the same as their future children, as they are all their children. I also believe my partner will treat their children differently from their step children. That means that even if my inheritance is in a trust for my children, my partner is going to spend money in a way that balances that out, to an extent. I trust my partner to keep the best interest in mind for our children. I have no trust that the future spouse will care about the best interest of my children.[/quote]

That's all fine, but why would you want your parents' money available to your partner to spend at his discretion?  My parents' money goes to me, then to my kids.  Their estate planning attorney locked it up because it was is parents' wish to leave their money to their kids and grandkids (which is 100% normal).  If I die first and my husband has more kids, I doubt he's going to leave more money to his second set of kids when he dies.  He'd leave all his kids an equal share of his estate (also, 100% normal).  His new kids would inherit from their grandparents and parents.  My kids would inherit from their grandparents and parents.  Unless he marries someone younger to have another set of kids who also have family money (and let's be real, if you have family money, you're not going to settle for an old guy who already has kids), then his second set of kids will get less overall money than his first set of kids. [/quote]

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