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Beneficiaries... What Are Your Plans

Dogmom1321's picture

Another forum topic on here had me thinking... for the married SMs on here, what are your plans as far as being a beneficiary with your DH? Any official plans for divisions of assets w/ SKs?

DH has a small insurance policy (30 or 40k I think) that he has me named as beneficiary. When DS3 was born, I reminded him COUNTLESS times to update it and add SD as well. At the time DH said he didn't have SD13's SSN and would just "do it later". Well, 3 years later and he still hasn't gotten around to it. Should I feel guilty that he hasn't spelled out anything for her? 

DH was in the military, so there is a separate cash benefit that SD would receive if she were to be under 18 and DH were to pass. She would also still have access to an education/college benefit. But nothing else other than that. 

I'm ASSUMING if SD13 were under 18, then she would live with BM because I would have no legal custody rights. Does anyone have custody orders spelled out if a bio parent dies?

The other forum post just got my wheels turning! Thanks for the input. 

hereiam's picture

You can always give SD some of the life insurance, if so inclined.

If your DH dies while SD is a minor, BM would get social security for SD (plus the military benefit).

SD has access to education/college benefits, so that is huge.

Plenty of parents don't have life insurance policies, period. With his military benefits, SD is not completely left out in the cold.

Yes, SD would live with BM if your DH passed, unless she wanted to give you custody, I suppose.

My DH had no life insurance with SD as beneficiary, BM would have just gotten social security.

 

la_dulce_vida's picture

Just a tip, I would be more concerned about the policy for you being only 30-40K. Once you get done with his burial costs, there won't be a whole lot left over. If your housing costs require two incomes, you might want to encourage him to get a larger policy to make sure that your housing is secure if the worst should occur.

SteppedOut's picture

And get it while he is still young enough to not have any disqualifying conditions. OP, you should do the same.

hereiam's picture

Yep, should at least be enough to pay off the mortgage.

Cremation is the way to go, much more affordable.

Rags's picture

IMHO, kids do not inherrit when there is a spouse.  Of course when there are Skids, that increases complexity.

My parents are each other's beneficiary.  My brother and I are equally their beneficiaries upon their deaths. Intact initial marriages and families simplify the iherritance topic.

DW and I are each the other's beneficiary.  SS is our beneficiary upon our deaths. DW and I met when SS-31 was 15mos old. We married the week before he turned 2yo.  I raised him as my own.  He asked me to adopt him when he was 22yo. We made that happen.

Even with Skids, I stand on this model.  In the event of a yours and ours or a yours/mine/ours kid model, the spouses are each others heirs.  A Will can divide an estate upon the demise of both spouses.  Xs, get shit for nothing.  

Unless there is a CO defining something else.

I had never put any thought into the yours/mine/ours inherritance thing until now.  What to do when a couple each have prior relationship baggage spawn and joint spawn?  I suppose that would depend on what each category of kid was likely to inherrit from their other parent.  

I might consider more heavily awarding inherritance to ours kids when the yours, and mine kids other parents have assets to award to them in an inherritance.

The simple thing to do is to divide equally between yours/mine/ours kids.   I like the Will with the caveate that anyone who contests the divistion of assets is immediately disenherrited.  That keeps an X from manipulating a kid to blow up the whole inherritance thing.  An X manipulating results in the adult kid forfeiting their inherritance.

AlmostGone834's picture

DH had nothing when I met him. Everything we have, we built jointly and so when one dies, the other inherits everything. Following both of our deaths whatever is left over, if anything is split between his daughter and my brother. DH is significantly older than I am so likely I will outlive him.

Rags's picture

DW and I are similar to you and your DH.  I am significantly older (12yrs) than she is and we had little to nothing when we married. Just my newly printed Engineering undergrad, two apartments worth of college furniture, and two 8yo cars.  What we have, we have built together and is not insignificant.

SS is an only in our marriage.  Though he has been mine since he was a toddler.  DW is my heir, I am hers. SS will be hers/ours.  Which I am thrilled with. He is mine.

There will likely be some inheritance from my parents.  But, they consider my DW their daughter and she will get my half of any inherritance from my parents.  Whether I survive my parents or not.  They have made that no secret. Though our hope is that my mom and dad enjoy their resources to the fullest.  Dad says his goal is to bounce the last check he writes.

Sadielady's picture

My primary asset is my home (which was my marital home with my ex and I bought him out). I wrote my will a few years ago and set it up so my house goes into a trust, managed by my DH and DD. The trust specifies that DD24 and DD22 can live in the house as long as there's a house to live in, as long as they contribute to the expenses (split evenly between whoever is living there). I have a life insurance policy through work that will go to DH and be used to pay any remaining mortgage and future larger expenses, like a new roof for instance. DH is the only one who can opt to sell the house, only after both kids are 25, and the equity would be split between the 3 of them. If DH stays in the house until he dies, the equity will be split between my kids. (Initially, DH's third was going to go to his kids, SD32 and SS30, but I changed that a year ago when our relationship broke down and I realized they wouldn't be above forcing my kids out if DH died and my kids were still living there). I know some people will think that DH should get everything but I come from a family that believes in inheritance (in my parent's home country it's actually illegal to disinherit children). Also, my parents are the ones who bought my ex out of the house, and put my kids through school, so a portion of the equity in the house is from family money. And, I have a good pension that will go to DH, so he'll be fine. 
As for DH's money, he cashed out a pension from a government job he worked for 20 years and invested it. I initially insisted that he make his kids equal beneficiaries with me. At the time, I had close relationships with them and didn't want to be left to deal with disinherited stepkids. After his kids'  recent behaviour, he's changed it so that all of it goes to me. He's also changed his alternate power of attorney to be my DD. It used to be SD, but he realized that she can't be in the position to make decisions for him when they've been estranged. 
It's true that when you're in a second marriage / step relationship estate planning is insanely complicated, and requires a lot of thought (and a good lawyer who's seen all of the ways this can play out badly). 

Dogmom1321's picture

Our biggest asset is our home as well. I've thought of hypotheticals, and I think my ideal scenerio would be to sell the house and use the profits to start over closer to my side of the family. It's too big of a house for just 2 people. SD13 would stay with BM and not move with. She may feel entitled to some of the profits from the house, but I wouldn't split that, especially with her having access to social security and education benefits. But with her current failing math grades, I don't even know if that is feasible for her. But hey, at least the option is there. Without DH in the picture, I could easily see SD as going no contact. She currently doesn't even say hi when she walks into the room. I think that's pretty telling.

Rags's picture

We are no longer homeowners. For the second time in our nearly 30 year marriage.  When we moved to the Mid Atlantic for work we sold our home.  We did not own for about 2yrs.  For 4 years we owned the house but did not lease it.  A friend lived in it for part of that 4yrs. He cared for it, did some basic repairs, paid all of the bills and utilities.

We just sold our newest home mid year of 2023.  We owned it for nearly 4yrs to the day.

When the market settles or when we decide where we intend to retire we may buy again.  Though we may not as my parents have stipulated that their home goes to my DW and I.  Otherwise their estate splits between my brother and I.  Mom and dad want their retirement home to stay as a family home.  My brother is very successful (I am exceptionally proud of my baby bro) and my SIL would not live in my parent's home.  She does not do hand me downs.  Mom and dad spoke to my brother and he told them that he agreed that their home should go to DW and I.  He is very excited about that as that will increase the odds significantly that DW and I will retire near my brother and his family.  That city has been the Rags clan home city for the better part of 40 years.  DW, our kid, and I lived there for 12+ years and have owned 2 homes there. We like it.  But, we like other areas as well. So, we shall see.

We do not need mom and dad's home, though we are honored and blessed that they want us to have it.  It does change the financial landscape of our retirement significantly.    Eventually DW will get all of our joint estate.  Since SS is an only child in our marriage, he will be our sole heir and beneficiary.   He will be just fine between his full military retirement, whatever post military retirement investments he makes, and whatever is left when his mom and I have checked out.  Though... like me, he will likely be the guy in the retirement home with a chore list from his mom who will be in the home with him.  I will likely have my own mom mandated chore list in the retirement home.  Mom and dad were young when they had me (19 & 21).  DW was young when she had SS.

My parents, like  yours, value leaving their boys something... whether we need it or not.  

I am interested in leaving my bride very comfortable.  SS will benefit from that, but he is not my focus.  He is my son, I am proud that he will accomplish his own financial security and that he will benefit from what his mom and I have and will continue to accomplish.  

My financial planning has been focused on not only my retirement but also ensuring that DW and I can retire together and there will be comfortable resources for our together retirement and hers after I check out which is notably likely as I am 12yrs the elder in our marriage.  An interesting part of that is that we hit out retirement finanicial goal mid year last year. The challenge is that it is 8yrs earlier than our planned retirement. Adding 8yrs of demand on those resources if we chose to retire anytime soon would impact our retirement quality of life.  So, the plan is to work another 5-8yrs.  Which gets us to our intended retirement ages likely with that many more years of asset accumulation so... there should be plenty for an adventureous retirement for us together and... for her to be extremely comfortable for the likely widow portion of her retirement years.  She is a hotty so I highly doubt she will be the neighborhood shut in crazy widow cat lady.  More like the Cougar with lots of date offers.  Hopefully taking cruises with our dear friends who also will likely be single widow Cougar ladies.

I certainly hope she has a great time once I am done.  In 2 or 3 more decades....

Knock on wood.

Harry's picture

That not even covers a price if a car.   Number one. He should have much more insurance.  DS is 3.  You have another 15 to 20 years to support him.  College.    You should be looking at. [ $40,000 a year  X 20 years ]. $800,000 in insurance minimum.  
 You have social security death.  Not included.   Inflation not include.  
You should have control of the money. 

ESMOD's picture

1.  as others have said.. 40K is not a lot when you factor in the costs you will incur at death.. it may help cover a few months of missing income.. from him.. but it's really not enough to set you up well.

2. also.. you are more than welcome to gift SD money if you choose.

3.  This should be NUMBER ONE.. but know the rules in your legal jurisdiction..state.. whatever.  In my state.. if someone dies without a will.. 2/3 of his estate (the life insurance and any property deeded to you won't go through probate normally). will automatically go to CHILDREN..  not just minor children.

so, let's say you have a husband who has assets in his name.. that are not otherwise deeded to a successor and there is no will.

he owns 2 cars worth 10,000 and he owns stocks that are worth 100,000.

he dies.. no will.

You get equivalent of 3k worth of value of cars.. and 30K value of that stock.. his children will equally split 7K and 70K value.. you can see how that could be a big shock!  If real estate is not titled to go to the spouse.. the kid's could end up getting equity of the home.. and THAT could force a sale?

so no will is a no no

hereiam's picture

Yes, there are some (most?) states that don't automatically disinherit children just because there is a spouse (and no will).

Before DH and I even drafted our wills, we had everything that we could set up with each other as sole beneficiaries or TOD (transfer on death). Bank accounts, cars, retirement/investments, everything. Even our house can have a TOD in case something happens to us both at the same time. And, it saves going through probate.

ESMOD's picture

not only does mine not disenherit them.. they get MORE of a share than the spouse.

hereiam's picture

Which is weird, especially for adult offspring who no longer depend on their parent for financial support (or shouldn't). They are not losing that salary, or retirement, or whatever. The spouse is.

Cover1W's picture

DH and I are going through the will / insurance discussions and estate planning now. He has no will and no life insurance. The estate planner was shocked and said to him "do you know what will happen to your wife if something happens to you?!" This is also after discussing the situation with SDs and knowing the state will step in and take over the assignment of assets. Yep, his kids would get a good chunk of it. He doesn't have much right now, but I reminded him his cash assets (car, bicycles, checking/savings, investments would all be up for grabs). And if he thinks OSD would play fair he's got another thing coming. So we are working on it.

None of my assets with go to SDs. Only DH, my sister and niece are beneficiaries. 

Rumplestiltskin's picture

I've thought about this, too. With all kids being teens or adults and if each spouse or their family has any real assets, i think keeping finances separate might be the way to go. My SO has 4 kids, split between 2 BMs, each BM is married and has significant assets. The skids, however, are struggling and will likely never be self-supporting. I have 2 kids and my dad has significant assets. I wouldn't want to divide any inheritance i get from my dad so that each of my kids only gets 1/6 instead of 1/2. ETA and i know that my SO will try to get his kids as provided for as possible. 

Lillywy00's picture

DH has a small insurance policy (30 or 40k I think) that he has me named as beneficiary. When DS3 was born, I reminded him COUNTLESS times to update it and add SD as well. At the time DH said he didn't have SD13's SSN and would just "do it later". Well, 3 years later and he still hasn't gotten around to it. Should I feel guilty that he hasn't spelled out anything for her? 

you shouldn't but you do because you realize how important it is and the fact that after 3 years he doesn't care how his dependents will survive without his income is appalling 

his 30-40k sounds like a whole life policy which is better than $0 but sounds like he's concerned about making sure there is some money for his final expenses and that's it!!!

Is this all he can qualify for/afford? 
 

If not hound him to put more in place to better cover his dependents

If so then it kind of is what it is  

DH was in the military, so there is a separate cash benefit that SD would receive if she were to be under 18 and DH were to pass. She would also still have access to an education/college benefit. But nothing else other than that. 

I'm ASSUMING if SD13 were under 18, then she would live with BM because I would have no legal custody rights. Does anyone have custody orders spelled out if a bio parent dies?
 

IF there is a separate cash benefit does it have a policy number to confirm it exists? Any documents highlighting how it works? Access to college is great but what if god forbid he passes while his daughter is 14 and suddenly leaves her mother (or guardian) to take care of her on a single income? Because of this there is several thousand dollars of debt child care expenses so she has to chose to work to pay off the debt at 18 vs attend college / risk accruing more debt 

 

consult with an attorney but typically when one parent does the other parent gets custody by default unless they're unfit  / unwilling / unable ... who you want to take custody in a situation like this needs to be discussed in advance and these desires documented in a written notarized agreement 

 

Thats awesome you're thinking ahead and considering the skid  

The amount the government would give is not nearly as satisfactory as a private policy (it's the government and if they have to give anything for  "free" they're going to be thrifty af

Most divorce decrees state each parent is supposed to carry life insurance for the benefit of the kid while they're dependents.  

Harry's picture

If you died first, you get a will and mention who you want. but of course DH Will have to support your kids, Him working in taking care of the kids would be a hard job .  if your DH passes away first and all the money you have you need for you to live on. You just be taken care of first.  Young bio kids have to be taking care of .  Take the taxeabke income from last year and multiply it by number of years you need it   20  or 30. Years x30.  Could give me some idea of how much money you need to survive up until everybody's on their own.  Like Bank also you can use these things out. Like this,  look up like 401k calculators

Rags's picture

I would bet that his life insurance policy is either a whole or universal life policy.

They tend to be sold as a combination life insurance policy and investment.  They are IMHO a shit investment and shit insurance.

It is far better to buy a term life policy for 10X+ the policy value for a fraction of the premium and invest the difference in premium between the term polcy and the universal/whole life policy into a diverse mutual fund.

Though I never took the exam I did complete all of the coursework for my Series 6 and Series 63 license which is the trade licensing to sell whole/universal life and mutual funds.

I could not sell a product I did not believe in and ended up taking an offer to return to my engineering career rather than finish the licensing and go into financial advising.

For the monthly premium of a $30K to $50K whole/universal policy DH should be able to get several $hundredK in term life insurance and invest several $thousand a year in a mutual fund. 

For apples to apples comparison, Whole/Universal premiums can be in the $5K (female) and $6K (male) a year range  for a $500K policy while a $500K term life policy would be in the $300/yr range ceteris paribus. So, buy the term policy and invest the difference in premiums.  You will get far better insurance coverage and a better growth position investment than whole/universal policies will give you. 

There are some other things to consider regarding tax free inheritance, annuity income, etc... so I advise a talk with a licensed fiduciary investment advisor

Tryingtocope56's picture

So you think it's best to do term life and decline a permanent life policy... and with the money you would've spent on permanent life- put into our mutual funds? 

Rags's picture

IMHO. Yes, as life insurance, term is high pay out, low cost/premium at the point the death benefit is paid.  It is generally less than 10% of the premiums paid for the same coverage in a whole or universal policy.  The difference is that there is some  accessable while alive cash value that grows with a whole/universal policy. 

Investing the delta between the term policy premium and what you would pay for a whole/universal policy in a diversified investment model mutual fund gives you far better return on your investement than the investment element of a whole/universal policy.  The mutual fund can be accessed anytime you want by selling shares of the fund.

IMHO term is a better insurance product and a mutual fund (depending on what the fund invests in) is a better financial envestment than a whole or universal life product is.

It has been nearly 15 years since I was doing the coursework for my Series 6/Series 63 license so there may be updates to the whole/universal life product model that changes things.

I suggest that you speak with a licensed investment advisor who is also indepedently licensed to sell life insurnance. 

Keep in mind that age and health have a significant impact on premium costs for life insurance coverage.

StepmomLI's picture

I am 65. DH is 73. We have wills written to our satisfaction. The problem: His stepdaughters. He is cowed by them and in 19 years of marriage has never called them out or put them in their place. I am 100 percent certain that in years ahead if they drag him to an attorney he would change his will to my detriment. (I know according to law in my state I am entitled  to 1/3 of his estate in any circumstances ... but that's not enough.) This exact scenario happened to my cousin. My question: What legal means can I take to protect myself from this scenario? Can I have DH put his assets in a trust for me? Escrow account so they would be "outside" the assets listed in the will ? I know I need to consult an attorney... just wondering if anyone else out there faced this fear and had some advice. TIA

Dollbabies's picture

with this in real time. What I've learned is that anything you own jointly passes to the surviving spouse at his/her death. And joint ownership overrides a will. This applies to all banking accounts, property and motor vehicles. IRAs and 401Ks require beneficiaries which also overrides a will. And a spouse has to sign a legal document to waive their rights to each.

Basically, this means that your spouse can't leave his share of anything you own jointly to another person. It will immediately pass to the surviving spouse without having to go through probate, which is a godsend.