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protecting my daughters interest

inneed
Posts: 397 Forumite


I am going to get legal advice on this, but in the meantime it is worrying me, and I wonder if anyone can give an opinion.
My husband has 2 children by his first marriage, and one illegitimate child. They have never lived with us, and have never bothered with us, unless it was to cause trouble or ask for money. He and his first wife were already separated when we got together.
I have one daughter from a previous relationship, who was 7 when we married, and lived with us till she went to university. She lives nearby, and we see each other at least once a week. She is good to us both.
My husband was bankrupt when we first got together, and I have worked hard to get us in the position we are now. My daughter and I often had holes in our shoes, while he gave money to his own kids. We have been married 34 years, and all our assets are in joint names. If I die first, I know my husbands children will be round, and they will persuade him to leave everything to them.
Is there any way I can make sure they don't get their hands on what I have literally slaved for?
My husband has 2 children by his first marriage, and one illegitimate child. They have never lived with us, and have never bothered with us, unless it was to cause trouble or ask for money. He and his first wife were already separated when we got together.
I have one daughter from a previous relationship, who was 7 when we married, and lived with us till she went to university. She lives nearby, and we see each other at least once a week. She is good to us both.
My husband was bankrupt when we first got together, and I have worked hard to get us in the position we are now. My daughter and I often had holes in our shoes, while he gave money to his own kids. We have been married 34 years, and all our assets are in joint names. If I die first, I know my husbands children will be round, and they will persuade him to leave everything to them.
Is there any way I can make sure they don't get their hands on what I have literally slaved for?
Always look on the bright side of life ....la la la la la la la la
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Comments
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all our assets are in joint names. If I die first, I know my husbands children will be round, and they will persuade him to leave everything to them.
If you die first, your husband will inherit everything (as it is all in joint names) and your daughter won't be entitled to anything when her step-father dies.
You need to separate your finances to some degree. If you have a property, you need to change the ownership to "tenants in common" so that you can each own a certain percentage of the house. You can then leave your half to your daughter.0 -
Surely, if the OP makes a will she can ensure her money goes to her daughter. Even her half of the house could be given as a life interest to the husband but go to the daughter on death? Am I wrong here?0
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Surely, if the OP makes a will she can ensure her money goes to her daughter. Even her half of the house could be given as a life interest to the husband but go to the daughter on death? Am I wrong here?
Not if everything is in joint accounts and any property owned as joint tenants. When one person dies, the contents of the accounts and the property automatically belong to the other person.
She wouldn't actually have any estate to leave to anyone.
The same would apply if he died first. His children wouldn't be entitled to anything.0 -
That's very interesting. A good reason for having one's own accounts then. My mother's will left all her money to her grandchildren. My dad who survived her, got the interest while he was alive and the kids inherited upon his death. The house was solely in my father's name as it was left to him by his father.0
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If you have a family involving step-children, it's especially important to sort your finances out and have a well-written will.
Yes !!
As a stepchild who has been denied her mother's last wishes by a stepfather and a badly written will, all I can say it would have been easier if my mum had left no will. I have spent tens of thousands fighting this badly written will writers will and my stepfather. Meantime he has access to her estate, despite an interim interdict, and is spending it.
Although laws have changed, supposedly making 'will writers' more accountable, there are still no where near the standard of a legally trained solicitor, nor have the same standards.
Even if you do use a solicitor, ensure any Will you write you get checked by another lawyer as well to ensure it does what you want and not something else as well....
Good luck ...0
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