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Taking action helps with hopelessness /anxiety

Shieldmaiden's picture

I was sick last week and I am just now feeling back to my old fiesty self. The stomach flu can really kick your @ss!  

So, after some comments last week from my SD's 16 &18 about how they expect to inherit millions from their grandparents (BM's side of the family), I felt the old familiar nausea creeping back up my throat. They get these ideas from BM, but seriously?  They are not even DEAD YET.  So I decided to call an estate planning attorney. I have free consultation next week, and I am going to make sure I never have to worry about my rights as a wife again. 

DH and I have been common law married for 10+ years, but common law spouses don't have full rights (medical decisions for spouse, inheritance, etc) in my state. If he should die before me, I want to make sure I can keep the house we bought together. If I should die first, I want to make sure he can keep the house, and that any money that I have to give for inheritance - goes to my sweet, respectful nieces. Not to the stepkids, as they will be taken care of by their family and DH. I want to be able to make medical decisions for him, if he should be incapacitated, and vice-versa. 

Basically, I don't want to have to deal with any step-drama when I am grieving. I also don't want DH to be manipulated by skids while  he is grieving. 

You have no idea how relieved I feel, just knowing that I can control some of these things that i constantly worry about. I hope others will be inspired to take control and do the same - especially if you are feeling like your wishes might not be honored by DH and skids when you are vulnerable. 

Winterglow's picture

Someone on here a while ago had a clause inboth their will and their husband's will that said if anyone tried to challenge their wills they would automatically be cut off from any inheritance. I thought that was pretty smart Smile It means that the survivor won't have to deal with money-grubbing crap from any relatives or step relatives.

SteppedOff's picture

the solution for these savage brats. 
 

That is all Smile

JRI's picture

I'm glad you're taking care of this.  Good!

CajunMom's picture

I don't care what age your are...in StepHell....cover all YOUR bases. 

Dh and I have comprehensive wills, POAs (both regular and medical), Living Wills, etc. We review them every 5-6 years. I refuse to have to deal with toxic step adult kids in my deep time of grief (should DH pass before me). Everything has been spelled out in the will. I'll see them at the funeral and the law firm will take care of the rest. 

Oh...and I'm petty enough to have told my kids...if I die first, those disgusting humans of DHs kids are NOT allowed at my memorial. Not going to have that ridiculous bunch boohoo-ing and crying, putting on a show. F... them.

hereiam's picture

Get the free consultation with the estate planning attorney, but know that unless you have a complicated estate, it's pretty easy to get all of the things that you listed done for free.

Wills, living wills, medical power of attorneys, are all pretty stright forward and can be done yourself (unless you have complicated assets).

Our house is in both my and DH's name and in my state, one can also file a notarized Transfer on Death with the recorder of deeds, leaving the house to someone without having to go through probate. So, if DH and I die together, the house goes to our niece. If I die first, the house goes to DH (since he's on the deed), until he dies, then goes to our niece (and vice versa if DH dies first). All of our bank accounts and our cars have transfer on deaths, as well. No probate.

DH knows that his daughters deseve nothing (and without me, he wouldn't have much to leave them) so I drew up a statement that acknowledges that they have been purposely left out of the will (not an oversight) and we had it notarized. Also, included in the will is the statement about anybody who contests the will is automatically out.

Our wills are pretty simple, as we have the transfer on death on anything that we can, retirement funds have beneficiaries and contigent beneficiaries, etc. so really all of the important stuff is taken care of and the wills basically leave everything else to each other, then our niece.

My SD30 is fairly certain that she will one day have my house. Not even over my dead body. I don't hate her but she is so fucking lazy, she's not getting anything handed to her that DH and I had to work for.

Jojo4124's picture

to do what it takes now to protect yourself...make sure things are specifically stated so there will be no room for anyone to weasel their way into what is rightly yours. My ex still had his ex wife on his house deed when I married him. I knew if he died she'd kick me out and other hellish things. I spent the money to talk to an estate atty just for peace of mind. I ended up leaving him due to other toxic and unhealthy things. But while I was married to him, there was zero security for me, which financially I can take care of myself...but the fact that his toxic ex wife would be the owner of the house that I lived in was very anxiety producing. Good for you for taking care of things NOW! PS consider making everything that comes to you transferable upon death in order to avoid probate if possible....good luck to you!!!

Rags's picture

We have only each other, who are the sole heir and beneficiary of the other.  In the event or our  co-demise, it all goes to SD-29 with the  caviate that he has a Bachelor's degree or turns 40 whichever comes first. If he is not yet 40 and without a Bachelor's degree, it goes into trust until either of the inherritance stipulations is met. 

Parenting from beyond the grave.

Diablo

Adding the stipulation that anyone contesting the Will is immediatley and completely disinherrited is a good idea. We may add that during our next review with our attorney.  Just to prevent any drama for each other or the Skid at my/our demise due to any unforseen surprise family members that may show up.

Shieldmaiden's picture

I did it! Signing documents this week! What a relief. DH actually put everything in my name, even though I was ok with 50/50 after we both pass. Maybe is starting to see the light about his skids.

Rags's picture

My SIL (DW's younger sister) has ripped off the aunt for $tens of thousands.  When the aunt asked my DW to be the executrix of her estate my DW became legally obligated to take legal action against my SIL upon the aunt's death to protect the other heirs.  
 

DW worked with the aunt to change the will slightly to deduct  any money SIL owes the aunt from SIL's share of the estate to prevent DW from having to go after her own sister. 

ImperfectlyPerfect's picture

This is very informative and I am very glad to hear you have some relief with the new arrangement. Way to go!