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Inheritence and step kids

DoingItAgain's picture

Ok, I have another question for you all...

Let's say a person has assets and life insurance prior to marriage and has a Biological child from prior marriage.

Now the person with the assets marries and now has skids. In the event of death of the person with assets (step-parent), I expect the spouse (BF of skids) would be the main beneficiary and decide how to divy up the money.

So, if the person with assets who had always planned to leave a significant amount of money to ensure college funding, etc. for biological child, does that person (step parent) now consider the step children and split that inheritance across all kids fairly which will greatly reduce the amount of money left to biological child that had been planned and paid for for many years before step-family?

Or, should the BM and BF only be expected to provide any inheritance (if any) due those children?

What about in the event that both the parent and step parent's death and the kids are the only ones left to receive inheritence?

sparky's picture

All of those issues are considered pre-existing conditions. If you want to leave a chunk of money to your kds designated for their education then you should leave someone other than your spouse in charge of that portion.

Jon-Boy's picture

Good God.
State where you want your estate to go to. And be done with it.
Who cares! Your dead.
Do you really think your step sons will see you in heaven one day and throw a fit that you didn't leave them any money on earth?
If they are that hung up on money than it looks like we did a piss pour job teaching them what is most important.

And for the record if you had final wishes on where you want your money to go? and I was the one in charge?
It would go exactly where you wanted. Not a problem there sugar pants

Besides, say your dead. Your BS gets your $$$.
Things are going good your EX (His BF) almost kicks the bucket and now your BS is spending all your $$ on trying to keep dear ol dad alive.
Money is gone dad can't hold on much longer he dies and BS now owes the hospital, state and the government $$ for all the other debt dad didn't pay while he was alive anyways.

Better hope pecker head dies 1st.

Wink c'mon thats funny stuff there!
They make movies out of stories like that!

DoingItAgain's picture

Jon-Boy, I would like to do that but I fear hurting my DH's feelings (while I'm alive!) for not including his kids in my will when I do want to include my BS.

I'm not planning on leaving BS money per se. My money will mainly go to my wonderful DH. But I want to ensure his education is paid for in the unfortunate situation that I die before he completes his education.

I would love to wish the BF dead before me but I don't think the Pecker Head has life insurance right now (with me as the beneficiary) like the divorce decree stated he must have. Another contempt...

October8's picture

The skids have their own BM and BF to provide for them. If your H wants to leavew them extra then HE can purchase more life insurance.

Would he leave your Bio's $$$

One can only hope!

JMC's picture

JamaicanMeCrazy
DISNEY LIED...THERE IS NO 'HAPPILY EVER AFTER'

DH & I were having this discussion a few nights ago, don't remember what brought it up but I casually said I probably needed to get my will revised and go change my life insurance policy. Since I have no bio kids I guess he assumed my mom (now deceased) or my sister (no way in hell!) were the beneficiaries - nope! I left everything to the Humane Society and the local no-kill animal shelter, where my furbabies will go should something happen to me. Wink

Latjec's picture

So when my DH and I got married we went to see a laywer for advise abou tthis because I have handicapper daughter that I have a special policy for. I also have 2 ther kids one that is now grown but th eotheris a minor.
The Huge problem was that that DH in his haste to get divorced agreed to make BM the only heir to his entire assests including his life insurance policy if he should die. We saw a lawyer to see if we could change the will and change the name to mine on the policy that was drawn up at the time of divorce because in the agreement it says that DH is not allowed to change his will and his insurance policy until SS is 24. So the lawyer advised we keep all of our finances, with separate insurance policies to keep everyting out of BM hands.
However to complicate manners the state law says any insurance policy MUST go to the current legal wife unless the wife signs consent to have another party be the recipient. You can make a grown child the recipient without the sgniture. And anything jointly owned goes to the other party.

So basically the lawyer said everything would end up in probate for years due to the divorce agrement violatng state laws so we have kept house loans cars loans and bank accounts separate until we go back to court when SS is 18 to stop child support which is payable until SS is 24.

How do you like that

Orange County Ca's picture

You should provide, via a trust fund, for minor children. The trust fund will be administered by someone you trust. Maybe your attorney but watch out for his fees.

If the kids are grown you can give any amount to anyone you want. Kids - step kids - the church. Its your call.

To avoid probate have your attorney draw up a Trust. Figure out what you want to do and talk to a Trust attorney.

*********************

There's an exception to everything I say.

Rags's picture

in their wills if my Bro and I predecease our parents and the rest goes in to trust for the direct genetic descendants. If I adopt my Son prior to my parents demise then he moves from a lump sum to an genetic equity share of my parents estate. If my Bro and I survive our parents then the estate is split between he and I and we take care of our heirs in our own wills from our inheritance from Mom and Dad Rags and any assets we accumulate on our own..

However, each of the grandkids (my Son(SS) included) are beneficiaries of specific items and assets that my parents want to go to a specific person.

My Son(SS) is my only child and will be a significant beneficiary for our (mine and my wife's) estate. However, we are Evil parents }:) who want to control our child from beyond the grave so we have very strict stipulations in our wills on how and when our Son (my SS) will get our assets. It all goes in to trust until he graduates from an accredited institution with a Bachelors degree or reaches age 40 whichever comes first....... among other appropriately Evil }:), controlling and manipulative stipulations designed to let us parent him from beyond the grave.

This is pretty much a non issue that can be addressed in your will regardless of your marital status. Be sure that the beneficiaries named on your insurance policies are who you want the money to go to because a will does not cover insurance distributions unless it says the same thing the policy beneficiary statement does.

All of our policies name each other as primary beneficiary and the Skids trust as secondary. That way if either one of us kicks before the kid the money goes to the other and if we co-decease it goes in to trust that is administered as we define in our wills.

Okay, now everyone can send me checks to reimburse me for the legal fees I paid when we set all of this crap up with our attorneys. Wink

Best regards,

Success is rarely final. Failure is rarely fatal. It is character, courage and consistency of effort that count. Vince Lombardi (with some minor Rags modifications) To each according to their performance, screw Karl Marx. (Rags)

frustrated454's picture

almost all goes to my bs alittle for dh and thats a wrap. as for ss my dh and his bm got him covered trust me.

AllSmiles's picture

it depends on where you live what the law will say. Sometimes a new spouse only gets a childs portion. period. Go see an estate planning attorney and make sure everything is how u want it.

Steve, I don't think you are wrong. I think skids are nasty little shits for even expecting anything!! The cost of long term care and medical is going up at almost 10% a year. Take care of you and wifey first to make sure you don't end up in a fleabag nursing home. Second, you need a financial advisor/atty to be sure the funds you do leave the grandkids go to them. If they are minors, the parents could end up "managing" the trusts for them.

"Courage is fear holding on a minute longer." General George S. Patton