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Post Info TOPIC: Dear Abby - my kids want my house when I die.


On the bright side...... Christmas is coming! (Mod)

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Dear Abby - my kids want my house when I die.
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DEAR ABBY: My daughters resent my second wife. My first wife died two years ago.

When I remarried, it caused some friction with my daughters because they want my house when I die. In my will, should I give the house to my daughters with the stipulation that my present wife can live there for the rest of her life? — UNDECIDED ESTATE PLANNING

DEAR UNDECIDED: If you want to assure your new wife that she’ll have a roof over her head, talk to an attorney who specializes in wills and trusts and put your wishes in writing. Be sure it’s official, “just in case” your daughters decide they want the house a little early.



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LawyerLady

 

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On the bright side...... Christmas is coming! (Mod)

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Seriously, if my kids were being mean to my new spouse over a house - I'd sell the house and buy a new one.

It's not their house - it is his.

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LawyerLady

 

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Did they grow up in the house?

How long will the new wife be able to live on her own if/when hubs dies?

What are they going to do with house? Keep it, sell it, rent it?

Who will take care of the taxes regardless of who gets the house?

Does new wife have kids who would want to take family heirlooms of the daughters?

So many questions.

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How old are the kids?

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FNW


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Well, it is an issue. Father should take precautions to protect his children's interests. New wife should take precautions to protect her children, too, if there are any. If neither do, they are essentially disinheriting their children.

Not sure why they would need to sell the house...that's not an issue unless it's in the children's name.

I think he should create a life estate for his wife with the house going to his heirs after her death. Unless wife's income or assets are used to make mortgage payments, then she would be entitled to equity in the house.

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On the bright side...... Christmas is coming! (Mod)

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I suggested selling the house and getting a new one that is the husband and wife's house with no basis for a claim by the children.

Of course, I'm of the mind that children are not ENTITLED to an inheritance. Assets are for people to use as they see fit for themselves.

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LawyerLady

 

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FNW


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No one is entitled to an inheritance, but this man appears to want to protect both interests, so the life estate would accommodate his wishes.

DH was disinherited by both his parents years before he met me. When his mother died, she basically left everything to his sister, and anything she didn't want would go to DH. FIL disinherited both his children when he re-married the nightmare wife. I'm not sure if DH's parents figure sister needs it more, or if they are punishing DH for moving away and becoming successful.

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On the bright side...... Christmas is coming! (Mod)

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FNW wrote:

No one is entitled to an inheritance, but this man appears to want to protect both interests, so the life estate would accommodate his wishes.

DH was disinherited by both his parents years before he met me. When his mother died, she basically left everything to his sister, and anything she didn't want would go to DH. FIL disinherited both his children when he re-married the nightmare wife. I'm not sure if DH's parents figure sister needs it more, or if they are punishing DH for moving away and becoming successful.


 This man seems to want to appease his demanding children. 



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LawyerLady

 

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On the bright side...... Christmas is coming! (Mod)

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Just to be clear - I often do what was suggested, leave a life estate to a spouse with the remainder to the children. But it's because that is what the person wants to do - not because the children are being brats about it.

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LawyerLady

 

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True, but either way, it sounds like he wants to do it. Whether to keep peace, or because he wants to protect both interests, he at least thinks he should do this.

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