My husband and me been married 23 years and my 2 children are his stepchildren ( not adopted legally)
We have discussed my concern, my fear is when I die and he remarries that his new wife will take everything we have saved and nothing is left for my children.
This is very difficult.
The only way to plan this properly is with a lawyer who specializes in estate planning. The lawyer will need to talk with both you and your husband to try to work out a plan that makes sense to both of you.
I am licensed to practice law in Michigan and Virginia and regularly handle cases of this sort. My answering your question does not establish an attorney-client relationship. You should consult a lawyer so you can tell the lawyer the entire situation and get legal advice that is precisely tailored to your case.
This is a VERY common situation, especially with so many blended families. There are several techniques that work, to a certain degree. Unfortunately, there is no one-size-fits-all solution. So it is important that you sit down with an estate planning lawyer to determine what are the best options for YOU. In MOST cases, the wife survives the husband. So it MAY be that you are concerned over something that will not happen, in your case. Making appropriate estate plans is still the best way to deal with this.
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You need to visit with an estate planning attorney and also read an agreement. This can be handled. Your case is not unusual but also is not contemplated under “normal” law.
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I agree with the other counsel that have answered the question. An experienced Estate Planning attorney should be able to help you. There is no one size fits all answer and the plan needs to be designed based on the individual facts and circumstances of your situation.
Good luck in your endeavor and working with the right attorney should put you on the correct path
This really isn't divorce or separation. This is estate planning. I personally had to plan accordingly for my own child and my second marriage and my new wife's children. That is very important.
Now, being that you are still able, a revocable trust by YOU can be established to provide for your own kids, as well as your widowed spouse, to the degree you desire to. It is very important to articulate with particularity and specifics the things you want put into place. Specifically, the assets you put in there will have to be assets owned solely by you (not joint as husband and wife). That way you can pass TOD or making the children express and sole beneficiaries of things like bank accounts, IRA's, life insurance, real estate, etc. Doing it that way, up til the time of your death (or incompetency), you can change any of this that you want by amending the trust. But once your are deceased the trust becomes irrevocable and the successor trustee will be bound to follow those criteria you want in place to provide for your children, knowing they are yours and not your spouse's. I commend you for looking to this issue now rather than later. Good luck.
This commentary does not result in any attorney/client relationship nor constitute legal advice as to a particular fact situation or status of a reader. Consult and retain legal counsel in the State of Michigan for pursuit of such a relationship.
You should meet with an estate planning attorney to plan for all possibilities.
The opinion that I express should not be considered to be legal advice that can be relied on. It is based only on the limited amount of information provided rather than doing a thorough review of all of the important information that is required to give accurate legal advice. You should consult with an attorney that has extensive background in the area of the law that your are inquiring about.
You are wise to address the eventual distribution of your estate now while you are able to make decisions about how your property will pass and to whom. Your concerns can be addressed in a carefully considered estate plan in consultation with an attorney. There are many approaches and you will have to find the one that suits you and your family situation best. Estate planning is not a one-size-fits-all undertaking. Best of luck to you.
This is a very common issue, and you would do well to address it with an experienced estate planning attorney. As others have said, it can be done if done properly.
Please be sure to mark if you find the answer "helpful" or a "best" answer. If you would like a free consultation to discuss your matter in depth, you can call us to schedule one. We handle matters throughout southeast Michigan. We do not represent residential tenants.This is a general answer for informational purposes and should not be taken as actual legal advice. The questioner is NOT a client. If I answer that you should talk to a lawyer, I mean it.
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