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Stepmom estate planning

MadeMyBed's picture

Hi all, hope some of you can help me with this:

DH and I have been married for almost 5 years. BM is a Psycho- loooooong story short. DH has a will. Will leaves everything to me except for a few chosen items for SSs which are specified in the will. I do not have a will (mainly b/c I dont have kids so I dont need to specifiy guardians, trust funds, etc). Obviously if I die before DH, he gets everything of mine which is how I want it. We own a house together as joint tenants by the entirety so if one of us passes before th eother, we automatically are all set on the house.

Ok, now the issue: what if DH and I die at the same time? Like in a plane crash, carbon monoxide leak, whatever. I KNOW psycho BM will swoop down and try to claim things for "the kids." DH's will leaves everything to SSs if I die. So SSs would everything. But what does that mean? For example: I have a lot of items in our house which are specific to MY family (sister, grandmother, etc.) I cringe at the thought of crazy BM swooping in and taking these. I guess I need a will? But how to specify so many personal items that I want to go to my sister if I die?

Aughh!!! estate planning is soooooo much easier if you and DH actually have kids together!!!

MadeMyBed's picture

well, I dont have kids but I like the idea of taking pictures of items and attaching them to a will-thanks!

SusiQ's picture

Get a will! DH & I just did and it's the best $900 I ever spent. You can be very specific about what goes to who. At this point if you both died at the same time - everything would go to your SS so if you want it to go someplace else, you need a will

Butterflykissesandlicks's picture

I would rise up out of the grave and haunt the BM until she turned into a ghost herself before she or her kids ever recieved one more free thing in their lives.

Get a will- STAT

SillyGilly's picture

You should see an attorney that specializes in estate planning. Often it is beneficial if you and DH use the same one but it isn't a requirement. Especially if your DH is willing to let your attorney view his documents for refernce. My dad is an attorney that specializes in estate planning and I have been going through this very process myself. There is A LOT to think about that you don't even realize!

Willow2010's picture

Very long ago, DH did not have any type of beneficiary for his house. Way before we were married. His only living relative was SS. SS was about 8 at the time.

DH (then BF) was telling me about how if he dies his son gets everything, his house, and his clothes, all of his personal belongings. I told DH (then BF) to really think about what he just said….SS is 8 years old. Guess who would get control of his house, clothes and personal belongings? Who would be the one coming in and cleaning out his house and drawers? BM!!! She would be SS guardian at the time so then she would become executor to SS’s inheritance.

It kind of scared the crap out of DH!!!

MadeMyBed's picture

SSs are 16 and 10 currently but DH's will does have his sister listed as financial guardian for them

mandymandy2871's picture

We have our beneficiaries listed as mine is to my parents, his is to his dad. Our parents are in their early 60's so they will be around for a while (god willing), they are sane and could work together, and that way DH's kids (my SS's) will get stuff from both of us, reasonably, and it keeps it completely out of BM's greedy hands.

Don't know if that would work for you, but it has worked for us! good luck!

Rags's picture

My wife and I name each other as sole heir and beneficiary in our respective Wills. If my wife pre-deceases me she also gives me custody of SS. If I pre-decease her she gets everything but some specific items that go to my brother and my nephews (family heirlooms, etc....).

The custody stipulation in her Will has no true legal bearing but I thought it would be a good thing to include to justify my continuously kicking the SpermClans collective ass in court until SS turned 18 in the event of my wife's early demise.

If we both die at the same time everything goes in to trust (except for the above mentioned heirlooms) for SS until he finishes a Bachelors degree from an accredited school or turns 40.

This is designed to keep our hard earned assets away from the SpermIdiot and the SpermClan.

My brother and dad are co-executors of our estate and the Wills have specific instructions that none of the assets of the trust are to be given to the SpermClan for any reason including support for raising SS if my brother is unsuccessful in gaining custody of SS.

Now that SS is 18 the SpermClan has no chance of getting any of our estate except in the event that SS finishes a BS or turns 40 and then decides to give them something. In that event he knows full well that his mom and I will haunt him for the rest of his life. }:)