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Reader's question:

Last post Wed, May 5 2010 7:03 PM by LWolfT. 3 replies.
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  • Wed, May 5 2010 5:23 PM

    • Pat
    • Top 10 Contributor
    • Joined on Tue, Mar 6 2007
    • Colorado
    • Posts 14,463

    Reader's question:

    This reader has this question:

     My fiance (second marriage) and myself have been living together in my house for four years. He had his own rental house which he sold in February. My house has also just been recently sold as we purchased an acreage together. We are also getting married in August. I have two boys over 18 and he has two girls over 18. We combined both of our equities but my equity was $100k more than his. Plus I have way more money invested and in savings than he does. My question to you is...If I were to die first (or visa versa) we will be each other's beneficiaries but upon his death, how can I assure that my investments including my extra $100k will go to my kids and not his. What happens in ten years when the property value increases or decreases? If we were both to die together would our children's inheritance be split equally? Should I leave my savings and retirement accounts to my kids and not to my husband? Taxwise, I know it's more beneficial to leave to your spouse than your kids. What should I do?

    What would you advise her? 

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  • Wed, May 5 2010 6:24 PM In reply to

    Re: Reader's question:

    Each state has different laws regarding estates like this. Some states are considered community property states, where you and he own everything jointly. Other states are not community property states, and that might complicate your situation. I'd suggest contacting an attorney that specializes in wills, trusts, and estates to be sure your wishes are carried out.


  • Wed, May 5 2010 6:35 PM In reply to

    • Toni B.
    • Top 25 Contributor
    • Joined on Sat, Apr 5 2008
    • Seneca Falls NY
    • Posts 3,826

    Re: Reader's question:

    Without knowing what state you're residing in and other information, its too difficult to pass on specific advice. You do need to contact a good (highly recommended) family attorney. They generally start by giving you a questionnaire to fill out so they can figure out how best to serve your needs. Generally you get to determine what how your assets are split. DH & I had our Wills, Power of Attorneys, & Medical POA's done for $300. I recommend you do some reading before you decide how you want to make your decisions. I highly recommend a book called "Inheritance Hijackers" by Robert C. Adamski who talks about the things to consider when you make a will and how to secure the outcome. While the book is about people who try to steal inheritances (family & strangers) it has some very strong advice about what to look for in an attorney and the right questions to ask when making a will and considering the future. It would be helpful in your situation because there are so many other family members to consider when making a will. Its a book worth owning.
    Officially Recognized Stretchpert in Stages of Life
  • Wed, May 5 2010 7:03 PM In reply to

    Re: Reader's question:

      I join the 'get an attorney' crowd. State laws differ on these things.   Consider it a good investment to pay a lawyer to do a will for you.

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