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Will problem

dissy's picture

We are in process of doing a will. My husband married me and my 2 young daughters moved in to his flat 22 years ago. We then had a son together who is 22. We have since moved to another property and it is in joint names split 50-50. We are doing our wills and I want all my all my 3 children to be looked after. We decided to split the following way 50% for our son together and my daughters get 25% share, thought this was fair as my husband has cared for my daughters as well as his son. He introduces them as his daughters and has pride in the grandchildren which again he introduces as his own. The problem is our son has made it clear that this is not fair and he should inherit all his dad's assets and a third of my assets thus getting 67% of assets. To me this sounds totally unreasonable from my son, but he has said that he would feel robbed of what he is entitled to if it was split 50-25-25. So should I agree to him having 67% and my daughters getting less. Advice please.

Comments

Disneyfan's picture

To be honest, your son is saying the exact thing many SMs here say.

At the end of day it's your decision how things will be divided. Just tell him that you csn add s clause cutting out anyone who tries to object to your wishes.

Why do your kids even know what's in your will?

Aeron's picture

He's not entitled. You can leave it all to charity if you darn well want! Why did you even tell your son how you were setting it up at all? It's none of his business. He's being incredibly selfish and bratty to say that to you.

If it were my kid, at this point, Id tell him he can choose to feel however he likes but I'm doing what I'm comfortable with and there will be an addendum to the will that if he challenges his portion will then be given to xyz or split in xyz ways among the daughters or grandkids. You can consider creating a trust as well.

From a devils advocate point though, I will say that the trust DH and I set up would eventually be divided in that way my half goes only to my girls while his half is split between his three. This is partially because SD has a mother of her own to leave or not leave her anything as she sees fit and is able and partially because I have zero relationship with the girl. Your situation sounds very different. But I suppose you may possibly want to consider if your girls would be left anything by their bio dad and if that changes your POV. For me, the fact that your kid has already stated what he thinks he's entitled to would mean I wouldn't be making changes, but that's me.

Stepped in what momma's picture

It’s one thing to share decided information in your will with the executor of the will which could very well be one of your children. It is also okay to tell your kids what has been decided and outlined in your will. What everyone else seems to be pointing out is it doesn’t seem that OP did either of these things, instead she discussed with her children what they are “thinking” about doing in their wills and has now been met with a response she wasn’t prepared for.

SecondGeneration's picture

50% to your shared son and the other 50% split between children from previous relationships seems perfectly fair to me.

My BM had me, my step father had 3 children when they got together. During their marriage they had one child. Their will was the same; their biological child to receive 50% and the other 50% to be split between the 4 remaining "step" children.

My fiance and I shall marry this year, and once we are married we are going to write our will. At this point SD is the only child in the mix, whilst she will be provided for in our wills, upon the arrival of any children born to us during our marriage will have the priority. The percentage will be dependent on how many children we have. Purely for the simple reason that should we both die; our child(ren) would have no parent left to provide for them, but should we both die; SD will still have her BM to provide for her.

But I would be tempted to tell your son if he continues with his entitled attitude then he will find his "inheritance" donated to a charity.

z3girl's picture

I agree with the others that you shouldn't discuss it with him, especially now that he has shown some entitlement issues. From now on, I would just say to him you will keep in mind his feelings, but do what you personally want regardless.

If your husband had a close relationship with your daughters, absolutely do it the way you originally wanted. If he wasn't close, then maybe your son would be "right".

Another way to resolve any conflict is to do what my father did. I am one of 3. My eldest brother is married without children. My middle brother and myself both have children. My eldest brother is estranged from the family. It is very ugly, and he has been unbelievably horrible to all of us. He is really bad with money, and has taken advantage of my father his entire adult life. My father recently made a will, and was very uncomfortable (at first...he's now very comfortable with what he originally decided) with cutting my brother out, so he decided to leave everything split evenly between all grandchildren. This way none of his 3 children are inheriting, but the brother and I who are still in my father's lives benefit from our much healthier relationship with our father. My eldest brother really did spend his inheritance early since he "borrowed" so much money from my father already. That's just my story though.

z3girl's picture

I agree with the others that you shouldn't discuss it with him, especially now that he has shown some entitlement issues. From now on, I would just say to him you will keep in mind his feelings, but do what you personally want regardless.

If your husband had a close relationship with your daughters, absolutely do it the way you originally wanted. If he wasn't close, then maybe your son would be "right".

Another way to resolve any conflict is to do what my father did. I am one of 3. My eldest brother is married without children. My middle brother and myself both have children. My eldest brother is estranged from the family. It is very ugly, and he has been unbelievably horrible to all of us. He is really bad with money, and has taken advantage of my father his entire adult life. My father recently made a will, and was very uncomfortable (at first...he's now very comfortable with what he originally decided) with cutting my brother out, so he decided to leave everything split evenly between all grandchildren. This way none of his 3 children are inheriting, but the brother and I who are still in my father's lives benefit from our much healthier relationship with our father. My eldest brother really did spend his inheritance early since he "borrowed" so much money from my father already. That's just my story though.

SM12's picture

It is your decision. I personally don't think it should have been discussed with the children in the first place. A lot can happen between now and then so whatever you have is really not up for discussion. Obviously you need to discuss with the children where you will is, where all important documents are and who would be executor of the estate. But actually percentages?? NOPE! I feel your son is wrong for stating his disapproval but you should never have even mentioned who gets what.
The children can find out when you are gone. Basically the son is all upset over a few percentages of a split. That sounds selfish. If I were you, I would no longer discuss it with him or any of the children.

GRITSinAL's picture

What your son is proposing is indeed the way a lot of us would split assets like myself who do not want any of my hard earned assets to go to my stepson; however, your son is wrong in thinking he is "entitled" to anything at all. It is not his business to decide. That is between you and your husband. If your husband wants the 25 25 50 split, really that is all that matters.

The difference in your situation and mine is that IIII would be your "dh"...and I do not want my ss getting any share of my assets, but only his dad's.

Again, perhaps your DH sees your daughters more as HIS than I do, and he wants that for them. That is great. Either way, it's not for your son to say!!!!!