Beware WV is not fair
I have just discovered that the state of WV (and many others!) has a law that if you die without a will (husband won't write one), the spouse gets 50% and a child from husband's other marriage gets 50%, and your birth children gets NOTHING! My husband's exwife had to get a court order to force him to marry her (preggy at 17) on his 18th birthday. I was no where in the picture. Their marriage lasted around 5 years then they divorced. My marriage to him 39 years and I am told that everything we have will have to be sold and given half to the child from the previous marriage... What gives? The only string that is holding this marriage of abuse of mine all these years were that of the house of ours and my things. I'm not selfish, just want what is mine thru our working together for soo many years. My three birth children and I had a very rough time and now that I have found out the grown up stepchild benefits even now, wasn't child support for twenty years not enought? My birth children never had it as good as he did and now I am told they get nothing. Husband laughs about this and states that I and my birth children doesn't deserve anything, awhile my grown children had MANY times helped out in fixing and maintaining and even paying out big bucks. The only thing that I wished for now, is that the stepson stayed with his "father" and he got the sh*t beat out of him every day, like we did...ONE WISDOM NOTE: DON'T EVER MARRY WHERE THERE IS AN EVIL STEPCHILD AROUND, FOR YOU WILL BE THE BLAME OF EVERYTHING THAT GOES WRONG WITH THAT EVIL ONE AND YOUR OWN CHILDREN ARE NEVER GOOD ENOUGH IN HIS EYES AND IN THE LAW EYES! I SEE DIVORCE IN MY FUTURE...
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To be honest I think divorce
To be honest I think divorce should be in your future, if he beat the hell out of you and the kids for 39 years....kick his ass to the curb and get what is yours now then when he does die, the step kid can have half of what he has left and let me stress this...DON'T LEAVE HIM WITH ANYTHING!!!
I see from your bio that you
I see from your bio that you are a stepdaughter...that speaks volumns here. No confusion here...husband will not make a will...I'm scr*wed out of the house and all belonging for they must be sold to pay off greedy ss. I do not see the fairness here...I went into this marriage providing all, being from a well-off family (now all gone...the family and the wealth), husband was dirt poor. I worked hard the first half of my marriage and he hardly did, sometimes for years being jobless and I had to pay the child support. You state "support for the child is for the support of the child" I agree somewhat there, but in this situation, I raised the ss for several years and I got NO child support payments from the ex. The ex took ME to court for custody because at the time of their divorce the child's custody was given to the father (the child was raised by the pateral grandmother from birth until the divocre and after that for awhile until I married the ss's "father")and somehow I got custody of ss (no one asked me)weird but true. No support money was given then either. Shortly after the birth of my first child (the ex also had a baby a week before me) she needed money, so she had her son try to down my premie newborn, who had a throat only half there, awhile I was trying to save my newborn, my husband RAN with HIS son to his ex and since my newborn was hospitalized, my concern was with her and not with what was happening around me, my husband and his ex signed papers to take away my custody rights from the ss and tired to take my newborn away from me (they failed in the later). So that I couldn't press charges against the child's actions, I was moved across the USA, just long enough to be out of the web to KNOW what really was happening.(I could write a book)
To make a long story short...custody was withdrawal and court forced support(uncles of five, all brothers of my husband, raised the ss and the ss's bm got all the money for some fifteen years straight) The ss and his mother has been a demon since (and before). I am 60 now, too old for this !
Hey, you think that's bad?
Hey, you think that's bad? Imagine living in a freaking country where you CANNOT take even 50%...sigh...if my DH has a will, all he can do is this...1/3 to me, 1/3 that he can do whatever he wants with...ie, he can leave it to me, and 1/3 automatically for the little loser. That's IF he has a will. If he doesn't have a will, it's 1/3 to me, and the other 2/3rds to the loser...sigh...Needless to say, we are now married, because we don't have a house. The money in our joint account I will take out so quickly it won't even be funny...but if we ever decide to get a house, I will definitely have to divorce him and get it ONLY under my name, otherwise, no matter if I paid 1/2 of the house or 100% of it, the loser gets anywhere form 1/3 to 2/3rds...sigh
PS - if your DH is not willing to do a will and leave it all to you, I would kick him out NOW and keep 50% or more...
Um, this may not have
Um, this may not have occurred to you, but the state is not at fault here. Your husband is a dick.
I live in Alaska. In the case of my husband's death, I get EVERYTHING. ALL his life insurance, all his property (not that he has much...this is MY house prior to marriage, and only my name is on the deed). His children get whatever I decide to give them. Your husband could easily do the same by writing up a simple will. It sounds like it is his choice not to do so.
For the record, he could see to your children if he wanted to. One of my stepchildren has no one else to inherit from, and will inherit from me as if he were my own, because that's how I think of him. The other two will have to earn it, but I haven't ruled it out.
Why not divorce the ass &
Why not divorce the ass & take him for everything he has NOW? I don't understand.
I'm with Goodbye on this one...this situation is NOT the states fault.
Laws SHOULD BE CHANGED! I
Laws SHOULD BE CHANGED!
I don't understand either! I tried to get help MANY TIMES! No help in true sense. Have you ever heard of the saying that states you should keep your friends close and your enemies closer? It's true. I was terrified not knowing where he was at or when he would appear, it was easier (but not easy) to stay, for there was no place to hide from him! I have been "waiting" for true freedom (divorce will not provide that) and now I found out that I will be homeless and penniless when that time comes...being over 60 and homeless does not mix will.
All three of my birth
All three of my birth children are his also.After my marriage to my husband, his mother and his sister in law told me that the ss was really one of his brothers', but no proof even tho the ss has the same look of "uncle" and an ear trait (I can't remember what) of the "uncle". That sure started the marriage off in great feelings...
I live in WV. My husband
I live in WV. My husband died in 2005 in WV. And from what I remember filing the forms, you only claim any assets that are in the DEAD PERSONS name only.
I didn't have to claim any assets that were in both of our names. So no, they can't take your house if your name is on it.
In 2005 (you must have got
In 2005 (you must have got lucky!) WV code 42-1-3 became law. Read it to understand where I stand. Asked a lawyer in my locale just today...yes that I will have to sell house and what's inside to pay off greedy ss...also bank accounts are frozen...in other words, welcome to the brick wall at the end of the dead end street!
I wish to thank you all, for
I wish to thank you all, for all the help thru your words to make me move...I have stepped up to the plate...seeing a lawyer ...thanks for the push to open my eyes fully...