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Who gets what - no will!!!

stinkypete's picture

Hi, just a quickie! My husband and I don't have wills and I was just wondering (after the death of a friend recently) what would happen to our money (we rent but have death grants from work) if both of us were to go at the same time... I have 3 vile money grabbing skids who I am completely disengaged from aged 21, 20 and 15 and 2 bio kids with my husband aged 6 and 3. Obviously it would be my worst nightmare come true for them to get a penny, never mind the whole lot of it and my kids br left with nothing. Has anyone any experience of what happens in this situation? Are his kids his next of kin or is it his mother?? Thanks in advance and definitely making a will is on the immediate to do lost!!!

ETexasMom's picture

In Texas if someone dies and no will the spouse has to half the property with children who are not a product of the marriage.

ETexasMom's picture

In Texas if someone dies and no will the spouse has to half the property with children who are not a product of the marriage.

stinkypete's picture

Urgh not good. I know for a fact my 2 would not get a penny then!!! Definitely getting wills set up next week. Would they even get mine then do you think? I would be spinning in my grave in that case!!! The thought alone makes me shudder lol!

stinkypete's picture

Urgh not good. I know for a fact my 2 would not get a penny then!!! Definitely getting wills set up next week. Would they even get mine then do you think? I would be spinning in my grave in that case!!! The thought alone makes me shudder lol!

stinkypete's picture

Urgh not good. I know for a fact my 2 would not get a penny then!!! Definitely getting wills set up next week. Would they even get mine then do you think? I would be spinning in my grave in that case!!! The thought alone makes me shudder lol!

stinkypete's picture

Urgh not good. I know for a fact my 2 would not get a penny then!!! Definitely getting wills set up next week. Would they even get mine then do you think? I would be spinning in my grave in that case!!! The thought alone makes me shudder lol!

stinkypete's picture

Urgh not good. I know for a fact my 2 would not get a penny then!!! Definitely getting wills set up next week. Would they even get mine then do you think? I would be spinning in my grave in that case!!! The thought alone makes me shudder lol!

sorrynotsorry's picture

GET A WILL GET A WILL GET A WILL!! YOU DECIDE WHO YOU CUT OUT OF YOUR WILL NOBODY AUTOMATICALLY GETS ANYTHING UNLESS YOU DON'T HAVE A WILL THEN YOU HAVE TO FOLLOW STATE LAW!! I'm making DAMN SURE my skids get NADA NOTHING NEVER EVER EVER!!!

Every state has laws that direct what happens to property when someone dies without a valid will and the property was not left in some other way (such as in a living trust). Generally, only spouses, registered domestic partners, and blood relatives inherit under intestate succession laws; unmarried partners, friends, and charities get nothing. If the deceased person was married, the surviving spouse usually gets the largest share. If there are no children, the surviving spouse often receives all the property. More distant relatives inherit only if there is no surviving spouse and if there are no children. In the rare event that no relatives can be found, the state takes the assets.

•Stepchildren. Most states do not include stepchildren (children of the spouse of the deceased person who were never legally adopted by the deceased person) in their definition of children for purposes of inheritance. In a few states, however, it may depend on the circumstances of the relationship

notasm3's picture

That's one possible scenario. But not the only one.

Non-disabled adult children are NOT due an "even cut" of a parent's estate. Minor children need to be provided for until adulthood - but even they are not due more than that.

Adults need to stop looking at their parents' assets as if they are entitled to them.

Indigo's picture

I remember a poster who's DH died, she got his estate/homes & wanted all to go to her biokids & none to the adult skids when she died. That may have been legal but didn't seem very fair ...

sandye21's picture

Same with me. DH was broke when he married me, brought absolutely nothing with him to a house I paid for, and lied about potential earnings, plus a few other things. As a result, I asked for a quit claim deed to make sure the equity in the house was mine. When we bought a cheaper house together I made sure the contract stated that in the event of death the house would go to the spouse.

One time, after SD had been particularly nasty, one of DH's Sister-in-laws said, "SD inherits your assets, right?" I answered, "I would rather give it to charity." And that inspired me to rush immediately to the bank and assign everything, other than what is going to MY family, to a favorite charity as the beneficiary. One thing I DID consider was what would happen if I needed care? Would SD help me if I needed it? The answer was so obvious it was pathetically funny.

There WAS a time, early in our marriage that if SD had decided to even be decent and civil I might have left her something. If she had treated me with mutual respect she probably would have inherited everything. SD always considered herself as far more intelligent than I am. Not so much this time.

C's picture

Danielle, your situation sounds alot like mine. My skids will not inherit from me or my 20 year marriage to DH. He came into the relationship with nothing but a piece of shit truck, the clothes on his back, horrid credit, and hefty child support payments. BM got everything in the divorce, house, property in Oregon, car, money, kids, all of it. Those overgrown brats can inherit from her. DH has more than paid those people what he owes them. Sorry, not sorry!

stinkypete's picture

Harsh... but if it does go that way for me then I would struggle to leave them a penny!! I know I sound horrendous but hey, if you had these skids you'd understand lol! They're bio mum is loaded, we're not, at all. They don't even send dh birthday cards/wish him merry Christmas. They call him when they fall out with bio mum/want cash and that's it. Vile vile vile! Oh the joys eh?!! Wink

robin333's picture

Depends on your state. Google insert your state estate succession. But, I would get to an attorney asap and get some wills.

notasm3's picture

My BFF's DH of 15 years ran off with an 18 year old when he turned 40. He was killed in an accident a couple of years after marrying the GF, but had never changed his insurance.

My friend who truly is a saint turned all the money over to the new wife even though she was living on a modest income because she felt it was the right thing to do. She had no children with him.

Karma rewarded her big time a few years later when a small piece of property she owned was purchased as part of a huge upscale development, and she made a fortune on it.

still learning's picture

I've tried to talk with DH about wills but his head immediately goes in the sand. He would rather have probate deal with it than deal with it himself. This really pisses me off because if he died it would also be like getting a divorce since skids would be here stealing and taking like vultures. I would have to either sell the home or buy them out. In a few years we'll buy a joint home and I will insist on a will or a trust for the house in my name. This will be a hill to die on!

ISTJ's picture

Still Learning - my DH was similar. Over 5 months of talking about it, agreeing that it needed to be done, but no movement until I announced that I would make an appointment to draw up my own paperwork without him by x date unless we as a couple had an appointment scheduled before then. He was grumpy: "I didn't realize you were THAT worried about it!"
We finally had everything written up and finalized 6 months after initially discussing it.

Rags's picture

You are his closest next of kin. Then his spawn. All of them. The ones he shares with is and his prior relationship spawn.

A Will takes care of this issue. You both need one. You can do a joint will naming each other sole beneficiary and in the event of your codemise you can both stipulate distribution of your estate.

My SS is an only child in our marriage. He gets it all in the event of the demise of his mom and I. Until we are both gone... he gets squat for nothin. My bride and I are each other's sole heir.

Upon our joint demise it all goes to SS upon one of two events. 1. He completes a Bachelor's degree from a regionally accredited college or university. 2. He turns 40. Whichever comes first.

Kind of our way of parenting from beyond the grave.