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Making A Will

tigerlily74's picture

Not like I have a lot of money or anything...

But I wonder what your experience is like in making a will?

I would like DH to inherit any estate I leave behind, of course, but I *do not want* any of my hard-earned money going to the skids upon his passing. They - SS32, SD28 and SS24 - are all grown up and can jolly well fend for themselves after what he's already spent on their overseas university education, study loans, and housing gifts.

I'd want some of my money to go to him but, in his absence, to my parents (who might or might not be around by then) and my sister & nieces (in the event I die without any biological children).

Is this unusual?

How does one leave money behind for DH/DW without any going to the skids?

tigerlily74's picture

Thank you for that!

I thought that my full estate goes directly to my husband now that I'm married! I think I'll have to make a will out very, very soon. I take our hefty insurance to benefit the people I love, not them awful skids.

Haha, you remember our ages! Still, you never know when you might die in an accident though. Life is freaky sometimes. And I just want to ensure that what little I have goes to people who deserve it.

tigerlily74's picture

I'm not sure of the laws in my country (okay, I'd better go find out!), but I'm quite sure that if DH dies, his estate will be split unless he designates it differently in his will. So, half goes to me and my bio-children, and the other half is split three-ways between the skids.

Thankfully, he is of the mind to provide for any future children of ours first - up to the age of 21 - before the skids get anything. He's also taken out some insurance policies in which I'm the sole beneficiary.

Because he's being so generous, I can't leave him nothing! But I want to make it airtight that not a cent of mine goes to the skids upon his passing. They've got their mother for that. Even if I don't have children, my hard-earned money will go to my lovely nieces. So there.

tigerlily74's picture

A will supersedes a prenup, surely?

I don't have a prenup anyway. Not rich enough to think along those lines!

notarelative's picture

You don't have to be rich to have a pre nup. You just have to have assets that you want to go to someone other than the new spouse.

When we did the pre nup we were told that after we married we should do wills that conform to the pre nup. Also told to update the beneficiaries on life insurance, pension funds, etc.

Pre nup states your intentions and that new spouse was aware of them, and agreed to them, before marriage. Will is the legal way to make those intentions real.

Monchichi's picture

I wrote an air tight trust. Everything I have goes in to a trust administered by 3 people plus an attorney. Not once red cent can be taken out of that trust that is not for my girls. There is a lump sum that goes to my SO to settle all of his debt plus spare so that he can have a fresh start. It's a decent solution to a difficult problem.

tigerlily74's picture

Hmm. I like that there is a lump sum that goes to your SO, but everything else goes to your girls. Food for thought. Thanks!

Indigo's picture

Continue to be careful. Singapore rules do not apply in Western society. Otherwise, we'd have a bunch of kids punished for what they think they saw ...

SweetMom's picture

Do you believe an 11 year old asked me last week if her dad ha a Will. My h and I as of right now have his and her houses..lol we both live in the house that I have owned over 15 years. He paid his house off while we both were married but the money come from a source of income he made while we weren't even together. It wasn't much money at the time but the house has doubled in the value. We definitely want a house of our own. He has been telling everyone we are gonna get a dream home and sale his and mine. This 11 year old actually thinks all his shit is hers. I knew the answer but asked him infront of her what would happen to my house if I died. He said he would get it and then when he died my biological son would get my belongings at the time of his death. It's a shame that an 11 year old has had her head filled with toxic bs

tigerlily74's picture

Goodness. Talk about entitlement. You have a biological son and the 11yo thinks your estate is going to her? Wake up and smell the coffee, child.

tigerlily74's picture

That is super detailed and exactly the advice I need. Thanks!

But if DH is entitled to money for his support and maintenance, he could conceivably give them allowances out of these funds, no?

We bought our current apartment together and he insisted on only my name being on the property so there is no confusion as to whose it is if he goes before I do. Thank Goodness.

CantKeepDoingThis's picture

I would check with probate laws in your state, but in many cases, skids have no claim unless you specifically name them in a will. However, it is always safe to make a will anyway to make sure your estate goes where you want it.

In my state, standard private is that half goes to a surviving spouse, and half is divided among living children. By living children, they mean only biological and adopted. Basically, you have to have a legal piece of paper saying the person was your parent or guardian! I've already told both of my bios that if anything happens to me, they need to get home ASAP and take control of their half...that absolutely nothing of mine...not even clothing...goes to HHB! I also advised them of their rights should something happen to me and DH at the same time...that HHB is only entitled to 1/6 of the total estate...and again, nothing that was mine. Why? My bios divide my half of the estate in half between them. Because DH adopted both of my bios, they have legal claim to 1/3 of his half, as his half gets evenly divided 3 ways between my bios and HHB...giving HHB only 1/6 of the total estate! I told my bios to make sure HHB and her mother doesn't bully them, and that if DH survives me, make sure that they do not let him talk them into sharing with HHB! HHB has no legal claim to my half or my personal things!

DH got upset when he found out I didn't list HHB as a beneficiary on my stuff. He said, "I listed BD24 and BS20!" I reminded him that when he adopted my bios, it absolved anything they had with my ex...that they became his legal children by his choice! I did NOT adopt HHB! She has a mother, and if her mother doesn't build an inheritance for her, that isn't my problem! Had I adopted HHB absolving BM's rights and taking on the legal role as mom, that would be different! Just as BM cannot touch my income for child support, HHB cannot touch my half of the estate!

I do pray I outlive DH, if anything, to help my bios defend against their money hungry, only thinks of herself half sibling by adoption and the girl's mother who I know will do what they can to try to pull everything away from my bios!

Ruby55's picture

Everyone is saying not to leave money to DH but I'm just wondering, do you expect him to leave his estate to you or to his kids? I'm just curious as I recall a post awhile back all about making sure DH gets a will to take care of second wife.

tigerlily74's picture

I would want to leave something for DH if I happen to die first. I just don't want my money that I leave to him to go to the skids when he dies. If I don't have biological children, then my money should go to my parents/siblings/nieces.

notarelative's picture

401k and 403b follow federal rules. They automatically go to your spouse unless the spouse signs off. So if you do not want your spouse to receive your 401k or 403b you need to have your spouse sign off on the beneficiary form when you name your beneficiary.

IRA follows different rules and they may vary by state. So for your IRA you need to check your state rules.

How do I know this. I have an inherited 401k and an inherited IRA from my deceased husband. I want this money, if there is any left at the end of my life, to go to my children and not current husband. Current husband agrees with me and signed off on the 401k paperwork and on the IRA in the prenuptial.
I signed off on his items for his kids also. (We married only a few years before retirement and these funds were not earned during the marriage.)

Ruby55's picture

Yes, If you leave $$ to your DH I don't think you can control what he does with it when he dies unless it's in some kind of trust. I'm leaving everything to DH as I have no bios. I hate the thought of my rotten Skids getting my money when he dies, but then again, I'll be gone so who really cares. When my father passed, his wife (my step mom) got house, cars, annuities etc. but the rest of his estate is in some kind of trust....she lives off the interest it earns but can't touch the principle. The principle will go to us kids when she passes. Kind of odd but it was his way of taking care of us all.

tigerlily74's picture

What DH does with his own estate is something I won't try to influence. I've told him that even if all he leaves me is one dollar, please will it make that watertight coz I don't want to fight with the skids in the event that he passes first.

What I'm concerned about is any money I leave him. I'm happy to leave it to him, but when he passes, the money I left him should go back to my family. If I have no bios, then I want the money to go to (1) my parents; (2) my siblings; or (3) my nieces. The skids' mom can leave what she has to them. Not me!

Ruby55's picture

You need to talk to a lawyer. If you just leave it to him in a will you cannot dictate what he does with it once he passes or while he is living. It's his to with as he pleases if you will it to him. You'd need a lawyer to see what options they are to set it up differently