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Living will for our daughter only? How? How to keep stepdaughters from all assets!

Jackielynn2000's picture

Hi all. If any of you have read my past posts a lot were based on hateful vengeful lying teenagers....literally false cps lies(were both immediately dismissed) & now the newest one is that "dad yelled so much as small kids and we were only little girls!!". I've been around 11 years and there was no damn abuse. Unfortunately they have caused so much conflict(bm and in laws too) that we have both blocked them all. Peace is what is needed.

Anyway my dh and I have a 3 year old who is healthy happy and she brings us so much joy. We have zero conflict or yelling in our home. The stepkids have made up this crazy story thats how our home was...so nuts to me...they were soo damn spoiled and they had friends over every weekend drove them everywhere ect. Anyway im past that. Im happy with life and looking only towards the future.

I have life insurance set up  and if I pass and my husband passes that money goes to my brother (if our child is under 18) & we have already talked that if in a tragedy he would 100% take our daughter and adopt her. So my question is, my brother is the next person in line for the money part but what about adoption part?
Does anyone know how I can make me and my husband's wishes known that we wish for her uncle to take her in a case where we both pass?

Also, how to put only my daughters name with the house? We have it half paid off and I would roll over in my grave if my steps tried to take it or adopt our child.

We live in NY. Please help me on how to start this process. Ill sleep better at night lol.

lieutenant_dad's picture

Talk to an estate lawyer who can help you draw up the necessary paperwork.

The only advice I've been told, and this deals with my stepsister whom I don't claim, is to make sure everyone gets a little something so there isn't anything to contest. I think my mom and SF plant on splitting their estate four ways (my two biosiblings, my stepbrother, and me) except for $500 that will go to my stepsister. They were advised that giving her $500 showed that she wasn't an oversight so she has way less of a leg to stand on to contest their will since she got something even if not equitable.

If that advice is sound, I suggest putting aside something small for them so they can't argue. Could be a few hundred bucks a piece, or some specific family heirlooms/antiques that DH has, etc. On principle they may not deserve it, but probably better to "pay them off" and avoid your brother or daughter getting into a long, drawn-out legal battle.

Jackielynn2000's picture

Would an estate lawyer only handle property left? Would they have anything to do with life insurance?

I'm also looking for something that would ensure my brother gets custody of my daughter if the rare chance my husband and I pass before she turns 18.

lieutenant_dad's picture

If they don't, I'm sure they could point you in the direction of someone who does. Do you or your DH have an EAP (employee assistance program) through work? If so, try them first. Many EAPs have connections to attorneys specifically for living wills and estate planning.

ndc's picture

An estate lawyer would deal with the insurance if only to understand the scope of the estate and tax implications.  Certainly it's part of any estate planning, even if the insurance doesn't go through probate and the attorney would not deal with it at that point.

I agree with LD that the SKs have to at least be mentioned so there is no argument that they were unintentionally omitted.

hereiam's picture

My DH signed a notorized affidavit that his daughters were intentionally left out of the will, that it was not an oversight.. Also, if anybody contests the will, they  automatically get nothing.

shamds's picture

So its worded well and that your brother has copy of that will. There needs to be context also in there so say if sd's realise everything is willed to your daughter who is a minor, they may be adults and fake it that they want custody and to control estate that your daughter inherited since they're her guardians but really are interested in siphoning money out.

you wanna have a backup to a backup for the most common things you anticipate they would and could do.

this way judge understands your reasonings why sd's are not to take custody

Jackielynn2000's picture

Wow I just got extreme anxiety thinking about stepkids trying to adopt my daughter. Wow my heart. 

shamds's picture

Where a dad remarries after previous wife died and upon his death new wife automatically gains custody because nobody in previous family in a position to take custody and that kids is basically treated like cinderella just never gets that happy ending

my sil married a man whose previous wife died and he had a son. Lovely kid and an adult now but when my sil hubby died, he automatically went into custody of exhusbands parents as they wanted to care for him. 
 

he had property and some wealth and it was beyond my sil control as she wasn't allowed custody when there is immediate blood family who could take custody of him.

well grandparents die and this kids aunts, uncles etc kicked this minor kid to the kerb and kept the grandparents property and money which this kids dad had left for sole purpose of caring for him.

that kid called my sil in tears. She picked him up and renovated a home and gifted it to him and let her 2 kids (his half siblings know) which they had no issues with. They have an amazing relationship and he's always at family weddings and holidays celebrating with us.

Greedy kids and family members will play any dodgy angle they can to get their hands on estate money with their sense of entitlement. There are many horror stories out there to read. 
 

if your sd's know whole estate is left to your minir daughter in event of both your death for sole purpose of her basic care and education/living expenses, they automatically will know her guardian will control that acct.

they can attempt to claim guardianship of her with no intentions of caring for her. So make sure will specifies why your brother is appointed guardian and that sd's are not to take on this role because of continual abuse/harassment etc towards you and claiming you both abused them etc and that your brother will ensure your daughters basic care and needs are met

when a judge reads that, whatever bullshit claim sd's make will not have much weight. Generally blood ties supercede and if sd's have not had any relationship but your brother has, a judge will not uproot your daughter's life into toxic sd world

you need to protect And think of every possible scenario they could pull based on their ages as that will guide you what to do.

My superannuation is willed 20% to my husband and 30% each to my 2 kids. Hubby has listed me as beneficiary on his life insurance policy for work. He withdrew a decent amount of retirement savings to buy a home in my country so in event of him dying then we had a home.

sd's had cut off contact 5.5 yrs with their dad and were 23.5 and 13.5 when they re-initiated contact. Eldest sd told her dad that he had a financial responsibility to provide cs for her apparently indefinitely and that he needed to transfer a property to sd's and ss name only despite hubby buying said property after divorce and being solely responsible for and paying that mortgage. We also had 2 kids then.

i told hubby then and there if he wasn't gonna ensure we were protected beforehand, then i wouldn't remain in this marriage with his mentality of "well i gotta deal with batshit crazy exwife and greedy skids (2 whom were adults already) and them trying to disinherit us".

hubby didn't wanna admit that his kids from exwife were capable of doing this but even he himself agreed he couldn't trust them to have our best interests at heart. In Malaysia its islamic inheritance law. They make no exceptions if there are younger kids from a subsequent marriage and vindictive greedy skids. They follow the basic Islamically the elder kids need to ensure the younger kids are provided for if the surviving parent is a single parent.

but I reminded hubby that he knows there is a big disparity in ages, relationships and lack their of that its reckless to not ensure our kids are provided for and expect me to suck it up. Thats not being responsible at all. Any of my late mum or dads estate will not go to any skids. I will have it assigned to my kids and a portion to hubby.

In australia from memory surviving spouse gets 50% and kids remaining 50% split amongst them. I do however trust that any estate money from my parents upon my death if hubby survived (unlikely because he is much older than me) that hubby would only spend that on our kids and himself.

we also have joint bank accts in my country. Me and hubby having joint bank accts in his country, skids can still claim his 50% share of funds. So for example, currently i'm in courts there settling my late mothers estate selling a property. If i chose to have my share of inheritance deposited into a joint bank acct in malaysia which is jointly held by me and hubby which is solely from the deposit of sale of my late mothers home and hubby dies and say there is $200,000 in that acct. skids can claim $100,000 share to be split amongst them but since they would have to consider my 2 kids and it follows islamic inheritance, sd26.5 would get $12,500, ss24 would get $25,000, sd16.5 would get $12,500 and my 2 kids would get (d6 $12,500 and s5 $25,000). 
 

skids would be able to legally claim through courts $50,000 of what is my money. Courts don't care where source of these funds come. Its for this reason money will stay in a separate acct in hubbys country in my name only and in my country australia we are safe to hold joint accts. skids can't claim a share as its not part of deceased estate
 

ESMOD's picture

life insurance is generally not part of your estate.. and not subject to the will.  It is based on who you list as the beneficiary.  You should speak with the company issuing that policy to see how that would work if you designate your DD as the sole beneficiary.. or whether you would designate your spouse first. and then he would designate her.. etc.. again.. it's how the policy beneficiaries are.. nothing to do with the will.

Rags's picture

This is why life insurance can be an extremely effective elemnental estate allocation tool.  Generally no one can contest the stipulated beneficiary on an insurance policy.  The primary beneficiary declaration directs proceeds to that individual. A secondary beneficiary declaration directs those proceeds to the secondary beneficiary if the primary is deceased before the pay out of the policy.

For our policies, we are each the primary beneficiary and our son is the secondary.  This keeps it simple.

CajunMom's picture

See an estate attorney. They can give you specifics for your state because the laws are different in every state. We have everything hammered out in legal docs (will, executors, POAs, etc). While the bulk of the estate comes to me (with full intentions of dividing what is left between ALL kids once I'm gone), there is some monies allocated to SKs to avoid what others have said. 

You are wise for doing this in your young years. Nothing is guaranteed so protecting your child's future NOW is so important. Best to you.

Rags's picture

Insurance is allocated by who the policy holder names as the beneficiary.  A Will has no impact on who the proceeds of an insurance policy goes to.

Your Will names heirs and allocates asset distribution though a Will can be contested in some circumstances.  Whichever of you or your spouse survives the other can revise their Will and leave assets to whoever they choose.  This is why insurance is an important part of estate planning and for providing for specific beneficiaries.

In our case SS-29 is an only child in our marriage.  Our joint Will leaves everything to whichever of us survives the other and in the event of our joint demise it all goes to the SKid in one of two formats. If he has completed a Bachelor's degree he gets it all upon our demise (with the exception of a couple of family heirlooms that go to my brother).  If he does not have a Bachelor's degree it all goes into trust until he either does get a Bachelor's degree or turns 40yo. Whichever is first.

As I am 12 years the elder with an autoimmune disease the odds are that DW will outlive me.  She and I are in agreement that regardless of my demise, it all goes to our son upon DW's demise and not one penny will go to her family.  My family has no need for a share of our estate. Though some family heirlooms will go to our niece and nephews (my brother's kids).  Sadly my ILs would only see anything, even very special things, as something to sell.

You may not be able to fully protect your assets from the SKids. Depending on what your spouse chooses to do regarding his estate.

2Tired4Drama's picture

That's what you need to discuss with an estate attorney. If you die, and DH inherits your share/assets then he can do whatever he wants.  It may mean he could give assets to the skids.

One option may be for your individual life insurance (or your share of monetary assets) to go into a trust for your child, with your brother as administrator of the trust. 

It may be a challenge for you to work out an amenable will package.  I wish you good luck!