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Thoughts and feelings about how to Fairly Name Step children in "The Will"

Grandma C's picture

DH and I have reciently updated our Wills. We are at an age where we seriously need to deal with the Topic of being FAIR when it comes to making out our Wills.
We joined our lives at the age of 42. We both had our own assets and property, 401K's and retirement accounts etc. Since we have been together we've built a home and purchased a vacation home in another state. Plus there is also personal property, life insurance and other $$ and such.
How have others approached this issue.....any thoughts or comments?
I really have mixed feelings about all of this as I have different feelings towards some of my Step kids.....I love all of them but there is one I really don't "Like" as a person. I have only one son, my only child who is 40. I have already provided for him and my grand children from him in a trust but there is the remaining issue of my DH and my joined aquired propertys etc. it is a sizable estate and DH and I aren't seeing things eye to eye. I fear there could be a major disagreement between he & I about what is Fair.
I'm very open to hearing opinions, comments and thoughts.
Thanks!

Grandma C's picture

I guess there is nearly always "The One" in every family who has to upset the dynamics and be the impossible one who to creates drama, dis-ease, and mayhem for everyone involved.
I'm having a real issue with the EQUAL distribution for the 4 stepkids. The reason being: When my parents passed away I was blessed with the means to give my future a very comfortable boost forward. My brother on the underhand, was a drug addict who had no desire to take any responsibility for himself. My parents felt sorry for him, made excuses for his actions, bailed him out of every legal issue he created. They left him the same Equal money, assets and family herlooms. The herlooms ended up in the pawn shop, the property got sold off, the money got spent mostly on drugs. My point being, he wasn't competent to manage anything and basically was "enabled" with the means to continue to get himself deeper into his drug addiction. He ended up in legal problems, destroyed his marriage, and ended up on a revolving door in and out of rehab. I and many members of my family strongly believe he shouldn't have been left with so much. He didn't know how to handle himself and basically was "enabled" by my parents to self distruct himself. It was very sad and it hurt many people including his two children.

My concern is is it the right thing to divide equally between children even if in doing so you would be enabeling an incompetent ungrateful irresponsible individual to further distruct then selves? I don't feel so warm and fuzzy knowing in my heart in doing so I would be taking away from some that are showing promise and giving to one that has only shown disrespect and the attitude of entitlement and irresponsible behavior.

I know I shouldn't have concern for what is done with mine and my husbands life work and sacrifice after we are gone and dead BUT there is a part of me that also feels I should also be mindful of how this can impact their life as it did my brothers and his family.

Thanks for listening I apoligize for being a bit of a wind bag <3 I do appreciate any feed back or comments Smile

Grandma C's picture

Maybe a good idea would be to just bypass the adult children and put what ever is left over after we pass away to a college fund for the Grandkids. They will need help with their college expenses and starting their life journey.

My son has a trust fund for himself and his children (my oldest grandson and grand daughter) upon my death which was set up prior to my marriage to DH. The combined assets with DH and I are the ones in question and are being debated.

DH and I have most of our assets combined so dividing them out as His and Hers is basically impossible. We have several real estate properties we bought together and also a business. One property is earning a very handsome income. It can't be divided without being sold off and to do so wouldn't be a wise decision. Left in tact, it would earn a nice income that could be divided among the kids...the problem being the one daughter in question would be the problem wanting to sell it off along with everything else with the intention of spending the money with no thought for tomorrow thus ruining it for the rest of the remaining responsible ones.

A part of me wants to write her out of my will entirely another part of me wants to basically leave her a modest cash settlement, then leaving the rest of the estete to the remaining kids. They are responsible and would prosper well and so would the grandkids.

Its a difficult decision to make especially after all the planning and effort DH and I put into our effort.

Hopefully DH and I will live long and enjoy our life together for the next 100 years

Grandma C's picture

I agree with your thinking but for the life of me I have no idea how to even begin to figure the amount the %100 of my assetts I brought to the marriage nearly 20 years ago.

We have seperate check books and personal bank accounts, credit cards. The thing is, over the past 20 years because DH and I are good business partners, we jointly invested in quite a few "projects" that turned us a profit. Things like building spec homes to sell, long ago we did building maintenance, we've bought fixer up homes we rented, then later sold off and turned the profit. It seems we both nearly always had something on the go, plus we both worked full time jobs that earned us our personal living expenses.

So, in short, to even begin ro figure how much my %100 is today, would be nearly impossible.

The conflict about the wills and the kids is not about "The Money" my Money, Your Money, and a nit picking sort of thing. The issue is what to do with this pain in the ass daughter. Sometimes leaving money to somebody when they have no clue how to EARN it or manage it in the first place, is the last thing that person needs.

Plus, to be totally honest with you, it pisses me off major to have this vision of some irresponsible Wench destroying, disrespecting, and indulging in reckless irresponsible squander abusing something that was built out of love and hard work; this makes me nearly vomit. But, that's just how I feel about squandering anything, it's part of my belief system. Everyone sees things differently, and they are fully entitled to their feelings, I just am not wanting to be the enabler in any situation like that.

I simply want to do the Right for everyone involved but have mixed feelings Im having difficulty sorting out in order to see things more clearly. I appreciate any feed back...it's the best way I find to help myself at a time like this. It's so hard to talk to family and friends about this, plus living in a small community makes this sort of "talking" nearly impossible, I might as well put it in the local newp paper....Gotta love the small town Smile I do just love it but sometimes it has it's funny quirks!

Grandma C's picture

I replyed to you post it's above thanks for your thoughts and comments, they are very helpful!

Newimprvmodel's picture

This may sound awful, but if I have notice of my impending death, I would divorce my dh so as to not have him inherit from me. I live in one of the states where you can't disinherit a spouse. He doesn't need my money and his money will all go to his estranged daughters. ( I have heard the mantra that he will change his will over the past several years, but has done nothing. )

Grandma C's picture

I don't think that sounds awful at all. I have actually thought of doing that but my fear is things get caught up in the court system for so long of a time, I'd fear I'd pass away long before the crap was settled.

I honestly dont have issues with Dh other three kids and I dearly love the grandkids (their children) even pain in the butt SD little demon I love, but I can safely say IF that daughter wasnt in the picture, I wouldnt be here writing to you good people here on this Tuesday afternoon as I am right at this moment. I have no problem including the other three kids in my will I'm gladly including them.

I can't honestly say I love them as much as my own Son but I do highly respect them as adults and am as proud as I could possibly be of them of how well they have matured and the amazing accomplishments they have made. If they werent my Skids, I'd welcome them as my neighbors they are honestly wonderful individuals....but there is the one in question I could go the rest of my life and not care to see her ever again. I once went 5 years with out speaking to her and didn't miss her one single moment. The truth totally I promise!!

Stormyweather's picture

OMG!!! You mean to say your DH is leaving everything to his adult kids in the event of his death....and nothing to you?

This would sit in the base of my heart and rot away with how wrong this is....morally and logically. How dare DH not consider HIS WIFE's needs as his LIFE partner over adult kids. Are the kids going to help you pay for his funeral, bills and mortgage? I heard this happening to a friend of mine whos mother was kicked out of the marital home by her skids so they could sell it right from under her, after her husband of 30 years (their father) died. This could happen to you.

I don't blame you. I would too. And how do you continue to look him in the eye? I would see this act as being the classic example of where you sit on the ladder of life with him.

Grandma C's picture

Thanks for all the interest and feed back of good advice.

I was thinking this morning about possibly starting a trust for this SD in question. Rather then select a family member as trustee, I believe a lawyer would be the best choice. Having a lawyer would eliminate her aggrivating a family member for her assinine requests for cash for needless things. One of my concerns is also her parade of men. I don't mean to sound judgemental but her choices are not very good ones, I'd hate to see her end up losing her inheritance in a divorce. She is single at the moment but that often changes weelky. Sad

I feel by opening a trust any cash settlement she may receive can be monitored and if she for any reason would force sales on any propertys or the business, her portion would also be added to this trust and then designated to be handled by the trustee. Possibly her knowing this in advance would make selling off things not as attractive to her. Thus receiving an income for possibly the rest of her live as a modest sum wouldn't be so "UNFAIR" to her in her eyes. I will definately seek legal advice for this. I appreciate everyones suggestions to do so.

DH and I have talked and talked about the children and what to do about this daughter, DH once asked me to not exclude her from my will if he should pass before me. I promised him I wouldn't, at the time I had more hope she would get her self and life on a more positive and productive path. Now I have accepted who she is and what she does even though I feel it's bad news. She has made nasty comments regarding her "Dad's moldy money" on several occasions and how she doesn't need it. That is something I can't forget even if I have since forgave her for saying such a horrible hurtful thing about her dad.

DH's thinking is that if she is excluded it can or will cause annimosity within the family unit....all the kids are rather close even though they are from two different mothers. They all went to school together, now the grand kids all attend the same school etc we live in a small community in the midwest...the children live 10 miles away from us. Everyone knows everyone. That can be a good thing as well as a bad thing.

However, the past few years this daughter has begun to burn bridges between herself and the other children through her selfish and though less behavior. Nasty comments and so forth. We basically hear things through the grapevive but no doubt it's just the edited version and we are happy not knowing all the dirty details.

I have brought the subject up regarding this SD mother (also a Gold Digger) who married a guy who has money, assetts etc. I mentioned to DH that Her mother and Step-Dad (who has no children) will no doubt leave Difficult SD their aquired etc. AFTER all the past 20 years they have been FUNDING her, supporting her daughter (their granddaughter) and basically advocating her behavior. DH said, "well, I don't know what their situation is BLA, BLA, BLA,..." I didn't get any agreement or support, feed back on this point with DH. It frustrated me and rather then continue the convo, I shut up.

I will continue to mull this all over.....DH isn't a big fan of my son and because there was a trust set up for my son prior to my even meeting my hubby, he is adimant about not including my son in his will. SOOOOOO there are a few things I need to work through. I just wish I could have not been so quick to agree to include this Daughter who has been nothing but a source of agrivation to us.

My husband(difficult SD) is a good hearted man, he loves all of his children, he's just not much for conflict and when he brought up the aspect of my excluding difficult SD probably causing annimosity in the family....I was weak and agreed simply because I don't want to ever cause any family problems by things I do that hurt peoples feelings.

Thanks for listening...I didnt mean to get so wind bag Smile Blessings!

Grandma C's picture

Sorry about the typo at the end of my post, The (Difficult SD) at the end please disregard

still learning's picture

Sell it all, travel, spend it all before you die! Why leave it to ungrateful s/kids? It's you and DH's not theirs.

Grandma C's picture

sister I am feeling that is the answer, It's my story to write eh? Why leave it to ungrateful people.....I just wish I could get DH on board thinking this same way.

Grandma C's picture

Thanks for your thoughts and sharing your situation, you have gave me a lot of food for thought. I have provided for my son prior to even meeting DH. It's just such a confusing situation how to begin to sort things out.

The issue isn't "The Money his/mine etc" that is the problem between myself and DH, it's an issue of what to do about this pain in the ass SD?? We both agree she is a idiot but DH is doing the "I'm a fair dad act" Mr Disneyland Dad I used to refer to him as over the years while the kids were growing up....I thought all that BS was behind me when they Flew away and started their own nests.

All of the kids have done well for themselves and their education, jobs, signifitant others, family and kids. With the exception of this nearly 40 year old "Blondie Blue eyed over wench". Pain in the butt SD.

SD has growm up with a sence of entitlement thinking because she is skinny and has blond hair and blue eyes, when she blinks tear filled eyes and pouts, she honestly believes the world should lay her bidding at her feet. It frosts my behind to the enth degree. I basically left the managing of DH's two older children up to him, I stayed out of it, when I saw where it was heading years ago with this kid, I detached, at the time I was working more then 40 hours a week at my job and had little time for drama over Blondie.

This same Daughter went to college, part time, nearly failing or dropping her all classes. Mean while, her mother continued to receive the child support until she was 22 years old. At that time the child "people" did an inquiry, they discovered that the child support was ONLY to be received IF the daughter was attending College FULL time and completing her class's.......EX Wifey had to pay back the child support IN FULL. One day, DH received a check in the mail for the full amount of two years paid child support. Needless to say, he was in a state of disbelief!! He phoned up the child support folks to ask if he could cash the check or WTF was the deal, they told him thats his money go cash the check, they were going to collect the money from Ex #1. And they did, Boy oh Boy was she pissed off.

It would take a novel to tell that story, she was spinning things every which way trying to back peddle her way out of it spreading things saying DH did this to her, it was all a lie Bla, Bla, Bla but she lost. I did the happy Snoopy Dance over that one and still do at times just to remind myself that sometimes justice is served.

still learning's picture

Does 40 yr old SD have kids? If so could her portion be put into a trust for a college funds for them?

Just remember this is YOUR will. If a child is undeserving they should get nothing! Fair my a$$. I'd donate her share to a charity in her name or something.

furkidsforme's picture

I'm not living shit to my SKids. I guarantee you if DH dies first, I will never see another one of them again, and they sure as hell aren't going to be worrying about who is taking care of me in my old age. Nada. They get NADA.

Grandma C's picture

Thanks for your thoughts!

As it stands right now, DH is to be my sole benificiary, he gets everything we have, the 4 skids are listed as secondary all things to be divided equally if DH & I should pass on together. There is also a seperate trust that has been in place for many years before DH and I met for my son. As of now, he isn't named to receive any part of the estate DH & I have together.

Eventually we will update our wills, we do about every 5 years but for now I will think about everything you all have posted and shared with me. I really do so much appreciate you taking the time to share your feed back to me, it helped me a lot.

I agree people and things change, all I can hope is perhaps the SD I'm concerned about will find a more productive and positive road for her journey through this life we all share together.

Thanks!

peacemaker's picture

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Ruby55's picture

I know I'm not leaving my skids so much as a stick of gum from my estate. Their Dad doesn't have much anymore due to his illness and most of our assets were mine before we even married. If he goes before me there don't be much but I don't care because I don't need anything from him. If I go however, he will be left in a very good situation. I can't stop him from willing to his monsters what i
leave him but I told him I will haunt him from the grave if he gives them my money while he's still living.

Rags's picture

With the exception of a few personal items that will go to specific people my bride and I are each others sole heir and beneficiary in our Will and on our insurance policies.

In the event of our joint demise it all goes to my Skid (with the exception of those previously mentioned specific items). If he has completed a Bachelor's degree from a regionally accredited institution he gets it all upon our demise. If he has not completed his degree then it goes in to trust and he gets shit for nothing until he turns 40. If he is working on his degree then the trust reimburses him for the costs of his education expenses for all classes that he passes on a semester by semester basis until he either graduates or turns 40.

This is kind of our way of parenting from beyond the grave should the need arise.

peacemaker's picture

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Mamaof3's picture

As a widow of a man with 2 adult children and 7 grandchildren, I can tell you first hand, get your affairs in order and do it now. Don't procrastinate if you love your spouse. Look at it as something you will update periodically as well and don't let it go by too long before you do. What happened to us and after my husband died is not a pretty picture. Our assets had declined nine years later when we put a will together and we never got around to changing the wills until he was first sick and in the hospital. Upon each of our deaths, each was set up to give a dollar amount first to each of our children and to a couple of his grandchildren at the time. Then, we each had the assets to do this. Not amending this setup was a big mistake on our part. After 15 years of marriage and and an on-going pit in my stomach from the behavior of my SD and SS I was not surprised of the actions that ensued after my husband died. I am absolutely detached from both of them and all the SG now and sometimes have trouble getting them out of my head and the memories are not good ones. The disengagement phase is really hard.