Stepson inherits everything
My DH and I have a 20 yr difference. His 2 sons are close to my age (one a yr younger & the other about 4 yrs younger).
We have been married for almost 5 yrs (together for 7). The youngest SS lives next door to us on my DH's property.
From the beginning, this SS has been the "golden child". While DH and I first got together, my DH made up his will to say that I'm allowed to live on the property and use half of it for whatever I wanted to do. However, if I started a relationship with someone else, I'd have to move (which is fine). Once I've passed, the property goes to his son. From there, it's up to his son to do whatever he would like with the property.
Now that DH and I are married, the will has not been changed. DH keeps saying he will do it (I don't bring it up) and seems to blame me for not having it done. He continuously puts it off.
This is an issue with me. I have 3 children that are underaged. I'd like to see them inherit something when I'm gone. However, the way the will is set now, they will have nothing - since DH's will says it all goes to his son.
I'm not sure what to think when it comes to this. I feel like I'm being "screwed". Well, my children, actually.
I'm not exactly sure how to bring this up to him. We've talked about it several times before and he has said that he is going to change his will since we are married now.
What should I do? I've considered telling him that I will need to buy some property aside from his so that my children will have something when I'm gone.
For information's sake - his "golden child" has over 3 DUI's and several different kids by different women. If that makes any difference.
Please, no downing. This is really bothering me.
Are your children his
Are your children his children also? Or are they his stepkids? If they are his stepkids I don't think it's his responsibility to leave them an inheritance. That should be the job of the bio parents.
I've been with my SO for 18
I've been with my SO for 18 years. He's not inheriting anything when I die (he has WAY more $ than I do and doesn't need any more). No way in h*ll would his kids get any of my $$. I vaguely recall my SO saying he left a small amount in his will for my son. Like $10,000. I don't expect him to leave my son anything. Plus he changes his will like some people change underwear so I'd never depend on anything being left to me or my son.
invest!
I get that it can be hard to broach topics like money, but it's incredibly important. I'm guessing based on what you said, the property/home was already paid for, but if you're contributing to the mortgage, you should ABSOLUTELY have a share in that property/home when your DH is gone. If not, well, it's his to do with what he wishes. Rights of survivorship are still great and it's good to know you have a place to live when he's gone, but if you want to secure some inheritance for your kids, I would definitely think about investing in property on your own. It doesn't have to be physical propoerty either, you could build an investment account that's there to help support you when you're older, and hopefully still have some left to leave for your kids. With underage kids as well, you may want to consider at least a small life insurance policy, if you don't already have one.
I'm sorry his golden child sucks, though fwiw, I would still leave all my assets to my bios and none to my skids, even if my bio grows up to be a bit of a screw up. I don't feel any obligation to support my skids in any way when I die. (This also presumes your kids are your own bios and not "ours" kids. If they're also his kids and he has no plans to support them but is supporting his older kids, that's super screwed up).
It seems this is his separate
It seems this is his separate property that he owned before you. Are your kids his? If not, he has absolutely ZERO responsibility to them. As horrible as his son may be, he has every right to leave yours nothing and his everything. Your kids can inherit from your own separate property and their father.
It really does matter if your
It really does matter if your kids are his kids, or kids that you brought to the relationship. Also, he is much older than you and you've only been together for 7 years, so I am guessing that he had this property before the two of you got together. Have you contributed, at all, to the property?
My DH didn't have a damn thing before we got together. We've been together for 24 years, so have had a lot of time to amass things together. One of his daughters is completely estranged and the other one has been alienated from him for years. They are getting nothing. I have no kids.
DH keeps saying he will do it (I don't bring it up) and seems to blame me for not having it done. He continuously puts it off.
Some people are like this (putting things off) and it's an easy thing to procrastinate (but can have devastating effects). If he really wants to do it, set up an appointment, or whatever is the case, and get it done. DH and I had both put if off and finally, this past summer, I just drew up the paperwork, told him we were going to get it notarized, and we got it done. Such a relief!
You should get some qualified
You should get some qualified legal advice. I'm not a lawyer but it changes whether you're in a community property state, if you're in the US. And it also changes if the property was owned outright or had a mortgage when you got married. If it's a community property state and if he made payments from money earned during the marriage you may have a claim.
If not it may be in your best interest to buy something of your own, but again, if you're in a community property state and if you use money that you earn during the marriage then he may have a community property interest. Life insurance with your kids as beneficiary or an annuity may be worth looking into also.
If your kids are also his
If your kids are also his children.. then the will should be more equitably split rather than only one of his children benefiting.
If your children are not his... he does not need to leave your kids anything.. he is not their parent and has no legal.. nor moral obligation to see that they have something of his.
Now.. there is the issue of you and your place at the table... He may want, for many reasons to leave his home to his child... and he is willing to allow you to live there.. as long as you haven't moved on to a new relationship. My grandmother had a situation like this... she lived in the home until she needed to move out when she got too old to live alone.. then her partner's family was able to do with the house what they wished. But, that does not mean that there may be some other assets.. or benefits that he may consider leaving to you..or to be shared with you.
You could ask that he establish a life insurance policy with you as a beneficiary... You could also get a policy yourself that has your children as beneficiaries in the event of your own death.. so they would be left something.
Of course, you could certainly set money aside from your own earnings to buy property or make investments to leave to your children.. if you want them to get something.. (assuming they aren't your husband's kids).. you will need to ensure it is done yourself from your own earnings.
If you are not working and being fully supported by your DH.. and he is determined to not leave you any more than the right to live in a home.. you may want to rethink that set up.. perhaps you would be better off at least working to the extent you would be able to save money of your own?
But, certainly, this is a conversation you should feel you can have with him.
Not sure where you live but
Not sure where you live but in Autralia a marriage makes a previous will nul and void. If a new will is not made intestacy laws come into play.
Who is the father of your children? If not your present husband I would not expect him to leave them anything.
It sounds like he is not leaving anything to another of his natural sons.
When you say property do you mean a farm that is used to earn a living. If so this may have been passed down in the family for generations.
You have been catered for in this will as in given somewhere to live. I would suggest you gather some assets and establish your own financial independence for your own peace of mind and the future of your young children.
Ugh!!
You married an asshole of the highest degree! Believe me, I have one, too!, Please get to a therapist and a lawyer immediately so you can find the value and worth God instilled in You!! Make 2021 your year...
2021
For me - will be the year of wills and power of attorney and financial ducks in a row...
DH did not have any assets when we married. Now we have a house and a fishing boat that we co own, plus some vehicles.
He is my benny for my life insurance and I will also be getting a life insurance policy on him with me as the benny.
I would make a huge push to get all these details worked out, in th next few months.
This is
My resolution for 2021. Get our wills in order, change the executor to a neutral 3rd party, not any of our offspring, and setup a charitable foundation for the bulk of our estate.
Our kids will be just fine, and we won't have to worry about any hard feelings because they'll know that's the plan upfront.