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Prenup/Will/Stepchildren

lemmel's picture

Hi everyone,

I am new to the boards and need some advice. My husband to be and I have been together for over 8 yrs and both have 2 children from previous marriages (current ages 21,19,17 and 16). We have all lived together for the past 7 yrs and live as a family and he have decided to get married this year. My hubby to be is 10 yrs older and has his own business and assets from before the marriage. He has asked to do a prenup which we discussed and now he has told me he will not be including my 2 children in his will.

I;m sad because my children have grown up with him as a stepdad and can only imagine how they would feel if the time came to read the will and they werent included. It's not so much the money aspect of the will...but that he purposely did not want to inlcude them. Curreently he is looking at leaving his cihldren with 75% of his aassets and me with 25%.

I am not sure how to feel about these two scenarios.
Should i understand him not including them ? (I am not sure I can...doesnt that mean he doesnt think of them as his children as well??)
and should I be ok with just 25%?

thanks in advance for any responses.

Poodle's picture

Why do you want him to think of them as his children too? Hand on heart, if you asked them would they really say they feel they are his children after only 7 years? You do not say which age your two are but they were not babies when you guys got together.

youbetheparent's picture

I would be more upset with him only leaving you 25% and his kids getting 75% of his assets. It would be more understandable if they were young, and he had to plan for someone to care for them, but they are not, and he needs to look after YOU if he passes.

lemmel's picture

To clarify...

My bio children were 13 and 9 when we became a couple.

My ex husband is not financially wealthy nor I am expecting my new husband to financially take care of my children like I know he will for his children.

I am trying to think this through with head and heart and I know my heart is more into it tham my head. If he would have said to me I am leaving your children ..say for example 2%... I would not have felt like I did when he said he would not be naming them at ALL. I just cant imagine how they would feel knowing the man they grew up with as a step dad did not even include them at all.

Yes, I am looking for suggstions, validation, others who have been through this...I dont have family left that I can talk to this about. I dont think I need to discuss this with people I have personal relationships with.. thats why I came here.

I will be working for many years to come (unless I win the lottery haha) and we will keep finances seperate. My husband to be is much more wealthy and financially secure than I am and he knew all of this prior to being in a relationship.

We did discuss my portion starting at 25% and increasing the percentage as the marriage continues which I think I believe is fair. (back history- his previous wife took him for everything..and I mean pretty much everything so I know he is protecting himself ...I just dont want to feel second rate..ya know)

thanks Smile

lemmel's picture

we discussed having a prenup just never the details...I knwo I will be taken care of if something happens to him as the estate will be sufficient to do so.

if he passes away, the house would be part of the estate and I could either purchse it with some of my funds or take a percentage (the remainign percentage going to his children). Which in all honesty...I would move. Our house is too large for just me. I would want a smaller place for sure.

I do have work life insurance that i could divide just like is talking about doing. mine is MUCH smaller than his estate and honestly he would just pay to bury me and give the rest to my children I would imagine.

we also will have a divorce agreement in the prenup ..which is initially what i thought was the reason for the prenup. I didnt realize the will would be part of his also. I know, lack of understanding on my part. I do plan on getting an atty to look over it for me for my well being.

lemmel's picture

first of all...thank you BB for making me laugh Smile

yes, I do feel hurt. thats what I am saying. Maybe I am in a fairytale place in my head where I always thought he thught of them as his children also..just the way I do think about his. I guess realistically thats not how it is.

I work and contribute but he does pay for most all the bills. he is definetly the bread winner in this family.

all kids will be on their own in a few years. 2 are in college now and 2 in high school. im not sure what i think they shouold have the percentages for..just to be acknowledged (maybe i am crazy). maybe i should be more worried with the amount for me. my head is hurting from all of this Sad

Starla's picture

50-50 its fair! A probate judge would say "the business would be joint property because of common law (residing together for more than 5 years)." so in reality, your entitled to 50% of the business because you have been residing together in a common law marriage. This is depending upon the state in which you reside in.

Good luck!

christag's picture

I completely understand what you're going through. My Dh and I have been together for 9 years and my kids see him as their dad. However, the family politics involved would never allow him to leave them anything in his will. His 1st wife passed away and had family money and their kids are all up in arms about me or my kids getting any of their mom's money. But their take on "their mom's money" is essentially anything their parents had since my Dh inherited all of his wife's assets when she passed away. Some assets were placed into a trust that will go 100% to his kids. This was all set up in the 1st wife's estate. Anything that might be left to my kids will be nothing compared to this. He has barely paid off the loans he took out for medical bills but his kids have huge stock portfolios that they will inherit and the house (once I pass).

Dh wanted to adopt my kids but his kids had a hissy fit over it because of the implications for inheritance. Any money he gives them (like for college) becomes a dispute and accusations that Dh is giving his 1st wife's money to my kids. Everything becomes an argument about money - which my skids aren't lacking. They're all doing very well and don't need this money.

As my kids are getting older, they are beginning to understand the difference between Dh's biokids and them. His kids got to go to great colleges with money left by their BM and my kids can't afford it nor ask my DH for any money. The skids are asses who refused to speak to their dad for 5 years after we got married and refuse to acknowledge me or my kids and have been incredibly mean and nasty to them. But they are the ones who will be receiving most of my Dh's assets despite how they have acted.

I can't imagine how they will feel when they realize how unfair this is and how they will be getting nothing despite being so much better than their stepsiblings and far more a part of Dh's life. But they biologically aren't his, so they get nothing.

Disneyfan's picture

No one should expect a SP to pay for his/her SKs college education. It is up to the bio parents and the kid to figure that out.

My son attends a private collehe out of state. I pay for most of it myself. His dad helps out when he can. I love my SKs, but there's no way in hell I will help pay for them to attend college.

If they go, their parents will have to come up with a plan that doesn't include me or my money.

christag's picture

My kids have no contact with their biodad and they barely remember him. Their stepdad is the only dad they've known. In that circumstance, why wouldn't the stepparent provide help for college? Just because he's not biologically related?

Should parents not pay for college for their adopted children and their biological parents be made to pay instead? So parents shouldn't leave money in their wills to children they adopt because they aren't biologically related?

christag's picture

There are stepparents who become de facto parents and have a better relationship with their skids than they do their own biokids. That's no different than an adoption situation.

These are the situations where it's unfair to say that biokids are left everything and skids are left nothing. Especially when you have biokids who are ungrateful jerks who are estranged for years over their father remarrying and young kids involved who are more his kids than his own biokids.

christag's picture

In my case, most of my Dh's assets are in a living trust. When he passes on, I will have some money to live on and the right to continue to live in the house. If I sell the house, it goes to his kids. When I die, the house goes to his kids. Dh completely wimped out when it came to providing anything to me and made sure his kids got what they wanted instead no matter how badly they treat me and their dad.

He has a brokerage account that's called "the college fund". His kids go crazy that it's their mom's money, but it was left to their dad to do with what he wants. It's not theirs. It's his. He's decided that money will go to his grandkids to pay for college.

Meanwhile, we're in credit card debit and having to cut back while his grandkids (who are all under the age of 3) have college paid for because he won't touch any of the money he got from his late wife.

young_step_mom's picture

You suggest that it isn't the amount they are given but rather the fact that they are not included that bothers you and will probably hurt them after your husbands passing, but if he did leave them a small amount, say 10 percent, do you think that they would honestly feel like your FDH loved them as much as his own kids when they find out his bio kids are getting 75 percent?

Maybe it is like christag's situation and he isn't including them because of how he thinks his bio kids will react when they find out they will have to share daddy's money with their step brothers/sisters.

I think this is tough but as long as he takes care of you, he is doing his part as YOUR husband.

aggravated1's picture

Second marriages also happen when there are ADULT stepchildren involved. They are not children, and no one needs to "take care" of them. For those purposes, all bets are off.

And for the record, everything goes to me, and everything I have goes to him when one of us passes.

It will be ironclad that his kids get nothing, after the way they have behaved.

He also adopted my kids, so they are legally his-I covered all of the bases.

aggravated1's picture

HRNYC, that logic is silly.

I don't recall signing a mortgage with adult children, only my spouse. Therefore, in the event of one of our deaths, the money left by one to the other can help with marital debts that the other deceased spouse is no longer capable of contributing towards.

Good for you that your DH lets you support him in this manner. I certainly would not support my husband so he could do more for his kids than his marriage, but those are just my "values."

knucklehead's picture

There's an insurance out there so if one partner dies, the house gets paid off. I like that one!

aggravated1's picture

Ok. :?

Anon2009's picture

I do not think you should have to leave your skids anything, or treat them like you do your own bios. Same for DH.

My stepdad has been in my life for 21 years. I lived with him during the school week. He has kids. I'm very close with him. However, I won't be getting anything from him when he dies and I'm fine with that. My stepsiblings won't be getting anything from my mom either. However, my stepsiblings' kids will get stuff from my mom. She is one of their grandmas. She loves them to pieces.

I think it'd be worthwhile to see how your kids feel about this. They might be as sad as you think they might be, or they just might be ok with it.

lemmel's picture

Thank you to everyone who has responded. We did talk again last night and we are going to do a gradual percentage increase as our marriage together continues.

With the different responses, I do see that maybe in time we will want to add my children into his will but at the current time he is protecting his children and me. I know he will take care of me during life and after. I just needed to hear some other responses to help me work through this.

I really appreciate it as I dont have others I feel secure with talking to about this Smile

smurf99's picture

i have a similar situation with my partner. He has equity in his home and i have no assets, apart from land we have purchased together to build a home on in the next yr. He also wants a pre-nup and states when he dies his children will inherit all his assets, i will get any equity in the house when we build it together which i have acrude over the yrs, so basically if he dies im not going to be provided for. I have substantial life insurance and pension (worth more than his) and said whats good for the goose is good for the gander. Its upset me a great deal to know that when our homes built if he dies i would have to sell it to pay his kids , be potentially homeless, but thats what he wants, think this is because the first wife burnt him bad.

not2sureimsaneanymore's picture

We did a prenup which acts like a will. By FDH's own choice, everything (although it is all in my name anyway as I am the breadwinner of the house... He just breaks even on his expenses) that SS receives 1k total in the event of his death right now, tangible personal items go half to me, half to his brother, and all other things, including finances of which there are currently none, go to me.

Family inheritances of mine will go to our children (if we have any, if not, they go to my sister) provided they are not jackasses (meaning no criminal record, school full time or job full time or part time for both, and have not acted in morally questionable ways) in which case their inheritance would be split between FDH, them, my sister, and a charity of FDH's choice. I'd disinherit my own children if they ended up being leeches on society and their father and aunt shall be the executor of their estate. FDHand future children will split my savings. Kids will begin receiving their inheritance from age 21 provided my conditions are met until it is fully executed at 35. If not, they have until 45 to redeem themselves, otherwise, goodbye inheritence.

FDH will probably give one life insurance policy for SS, and nothing else whatsoever for the time being, as we don't know what kind of relationship we would have with him so far.

If we both die at the same time, and we have kids, it all goes to our kids except for a small sum to SS. If we don't they go to our respective siblings.

This is our baseline for now and it may change in five, ten, fifteen, twenty years depending on our relationships with our kids, SS, siblings, etc. I think of a will as the most recent wishes, not as the last.

paul_in_utah's picture

Very interesting topic. Personally, I would rather swallow glass than see either of my skids receive one penny from me. DW has made it clear that she expects them to inherit our assets eventually. We have no bio-kids of our own, and I guess she thinks that she should get 100% of my assets, which she could then pass on to her kids.

I haven't figured out how I'm going to do it, but I will NOT allow her kids to get anything from me. I'd rather it be given to a charity than to end up with those freaking leeches. I'm leaning towards setting up a springing trust that will come into existence at my death, and will which would receive all of my assets, including my life insurance. The trust would give $100 to each skid, so they could not contest the will on the grounds that they were "forgotten." The trustee would then be charged with providing for my DW according to some very strict rules that would preclude her from transferring money to the skids.

Unfortunately, I will probably have to do this in secret, because there is no way that DW would ever agree to something like this. I don't think that she could elect against the will if everything goes into the trust. I suppose that I might not be able to put the house into the trust, since she is on the deed, but I think that everything else would be fair game.

Doubletakex3's picture

Thank you, OP for bringing up this topic and thank you to everyone for responding.

I have two sets of skids. My skids from my eXDH whom I helped raise for 15 years, and skids with FDH. FDH and I have been together for 3 years. FDH seems to think that HIS kids should be included in my estate plan but not my skids from my ex.

Personally, I'm inclined to leave my estate to the neighbor kid's hamster.

dledden's picture

Wow, I have never thought of this before. Right now my fiancee is the only one working in our home. If he DIES, I know right now anything he's got in 401k or life ins. would go to his son. I have to make sure that when we get married that gets changed over to at least 50% to me. I don't care if he leaves anything to my kids or not. Plus it makes you think, omg, what if he died like "now" God forbid. I don't wanna keep ss8, i'd rather he went back to his grandparents, I can't raise him with my 2 kids on my own and honestly wouldn't want to. very important things to think about when in a blended family!!!

fruststepmama's picture

I just got done going through this process with my husband (whose previous wife took everything as well.) First off: GET YOUR OWN ATTORNEY. I can't stress that enough. You can make him pay for it--that's pretty standard.

Here's a few things to ask for:

1. The percentage you get of your husband's estate should increase by a certain amount each year or every 5 years (every 5 years is standard.) Make sure to account for inflation when you calculate the amount it's increasing.

2. Your husband should maintain a life insurance policy that will pay out to you immediately if he dies. Premiums for life insurance policies are low at your age, so you can get big rewards for little hassle.

3. Put it in writing that your estates are separate, and save as much of your salary as you can in a separate account, over the years. Find a way to use your husband's credit card to pay for big purchases, but of course, be fair and use yours a lot of the time, too.

4. Rest assured that if there's a big income discrepancy you will get a big chunk of your husband's social security when the time comes for you to retire. Check your state laws to confirm.

5. When you have separate estates and big income discrepancies, it's common to set up a "joint investment account" where the wealthier of the parties inputs a little money each year, you make decisions on how to invest it together, and split it when the time comes for retirement. This way, you get a little extra money for retirement. Just make sure you always have access to the account and check it regularly.