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in the event DH dies!

asheeha's picture

This is a bit morbid. But I was wondering how you all have done things to cover the skids in the event your DH dies. My DH doesn't have a Will of any sort and I keep encouraging him to get one drawn up. If he died the last thing I'd want is a legal battle with BM over what the skids get.

Do you know what he is legally required to provide?

What have you done.

All answers are welcome but my skids are 10 and 8, so those with minor skids will be most helpful.

thanks!

Comments

twopines's picture

When my stepfather and his first wife divorced, he took out life insurance to cover his minor kids in the event of his death. They would have also received SSI benefits.

BSgoinon's picture

We have a Trust set up for SS. In the event that DH dies, a portion of his life insurance goes directly to SS, but in a trust that he cannot touch until he is 21.

I have a friend here in the office that lost her husband last year. There was NOTHING in place, she has been battling her skids for a year now. Selfish, money hungry ADULTS... my friend and her late husband have a daughter who is now still under 2 years old. they would rather their half sister do without so they can have their dad's money.

Now, she is on the flip side of it, he Bio sons dad passed away last month. She is lucky to have a good relationship with that kids Smom (bioson lived with his dad in another state for the past year). They have been able to accomodate BOTH the biokid, and smom, who just found out she is pregnant with her newly deceased husband baby...

just easier to get it all taken care of ahead of time, that way there is no fighting, no questions about "what HE would have wanted".

not2sureimsaneanymore's picture

Doing a prenup. In the event we have kids, I get everything except a life insurance policy he took out on them. In the event that we don't, I and FDH's brother split everything except for that life insurance policy.

I'm more worried about me. In the event that I die without kids, he can use my properties until he dies, but then it goes back to my sister/her kids if she has any. He gets my savings. If I do have kids, it all goes to them but he is executor of their estate until age 21.

In the even that we both die at the same time without kids, his brother gets all of his things, and SS gets that life insurance policy. My sister gets all of mine.

Our issue is this: SS has not and does not and will not live full time with us. Neither I nor FDH trust that SS has the same values towards property and money that we would instill into our kids. As of now, because we don't have a relationship with him, we do not trust letting him inherit anything other than FDH's life insurance policy. It may change in the future, if we end up having a really good relationship with him, I don't mind having him inherit some of my stuff either, but it will be monetary, and not property.

doll faced sm's picture

DH has a will and life insurance. Everything goes to me in the event of his death. $100,000 is for ss, but I am executor, *not* BM (her past actions have proven she is too selfish to handle this type of responsibility). DH has told me that he trusts me to do what is in ss's best interest. I told him my plan, in case of his death, was to continue to send money on a monthly basis iao $500/mo until he turns 18. At that point there would be about $30,000 left (give or take) which would be put toward either college if he is able to go, or some other type of trade profession training. If he chooses not to do either of these things, then the money will be spent on other things he needs as he makes me aware of his necessities. The one condition DH gave me is that absolutely none of it is to be for the benefit of BM.

GoodbyeNormaJean's picture

DH has 3 minor kids with 3 different mothers. He is custodial.

In the state we live in, if he has a will, which he does, he isn't required to provide them with anything.

2 of their mothers are dirtbags who don't provide anything for the kids. One of the moms has 50/50 custody and is a good mom but a poor money manager, which is one of the primary reasons for their divorce. Financial infidelity.

DH and his kids moved into my house. He doesn't have any money or savings, limited investment in retirement accounts, and no property such as a house, etc. I own everything, and I also make most of the money around here.

In the event that he dies, the entirety of his insurance goes to me to care for the 2 kids that we have together. I will not have a leg to stand on as far as keeping in contact with his other children, other than money. If their mothers want financial help from his insurance, they will allow the children to see the children that DH and I have together, their siblings. If they do not do this, they will only receive whatever they can get of DH's social security. They'll all be on welfare anyway, so I can't imagine it will matter much.

ThatGirl's picture

In my will, my house goes to my children on my death. My DH has a lifetime tenancy in it and when he dies or if he dates/remarries, my kids can do as they wish with it.

SO and I are not married, so I'm not too concerned about it now. When we do marry, I would like to set up the same thing. Both houses are in my name alone (one just about paid off). In no way, shape, or form do I want his kids making any attempt to lay claim to them. I've had nightmares about them coming into my home and riffling through my stuff. Not gonna happen!

Ommy's picture

Get a will done now. Also a trust. Wills can be contested and trusts cant. he needs to be very specific that BM will not handle anything on behalf of the kids. He needs to have a member of his family do it.

giveitago's picture

I thought it was law that, in the absence of a will, that everything passed to the surviving spouse?

doll faced sm's picture

As with most issues, laws vary by state. Since there is a very real possibility my DH could die due to his occupation (army), we don't want to take any chances.

Rags's picture

In our blended family adventure I am the DH and my wife is the BM of my SS. I have no BKs. In our case we wanted to accomplish two things with our Wills.

First to ensure that if either of us predeceases the other that everything goes to the surviving spouse. If my DH goes first I wanted to make damned sure that I would not be required to share a penny with the SpermClan in the event they got my Skid. I am designated as my SS's guardian in the event his mom passes while he is a minor. Probably not worth the ink to print that part of it but we wanted something to counter any SpermClan crap.

Second to make sure our son is protected from the SpermClan in the event of our joint demise, that they get absolutely nothing from our estate and that our son (my SS) will be cared for and guided as necessary.

So, we set up our Will to establish a trust upon our joint demise with strict instructions that not one penny goes to the SpermClan even is SS is a minor when we pass. The trust is administered by my brother and my father with instructions for my SS to go to my brother in the event his mom and I kick together.

Everything will be held in trust for him with ZERO distributions to him or the SpermClan until he graduates from HS. At that time the trust will pay his school related and living expenses for college. The trust will be released to him upon graduation from an accredited four year insitution with a Bachelors degree or age 45 whichever comes first. This is our way of parenting from the beyond. }:)

He finished HS in 2010 and is now 19 so there is zero risk of the SpermClan getting access to our estate since we survived SS's childhood. SS is now in the USAF on active duty in tech school and working on his BS. We don't even have to pay anything for his college. He is providing it for himself via his USAF benefits.

The BS or 45 stipulation still applies but we have little worry that if something happened to us that he would give any of our resources to the SpermClan. He detests the adults in the clan as it is. The remaining risk is with his 3 younger also oowl SpermIdiot spawned half sibs. They he might help. But, his mom is only 16yrs older than he is and I am fairly healthy so it should be a very long time before he gets our estate. Hopefully by then he will be far past his SpermClan.

asheeha's picture

thanks so much everybody for sharing your experiences. this is GREAT info and i'll be getting a will/trust in place soon!