step child & inheritance
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lucysid
Posts: 13 Forumite
Hi, can anyone tell me what happens to our house if myself & husband die without a will, we have 2 children together & husband has 1 child from a previous relationship, does our house just get split 3 ways ? even though house half mine, & also could I get a will drawn up whereas my 2 children share my half, then all 3 share my husbands half ? I realise this sounds harsh but I have worked hard to pay mortgage & I want my own children to benefit.
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Comments
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(Caveat - this is a very simplistic response!)
It depends on who dies first - if you both happen to die at exactly the same time, then then elder is deemed to have died first.
If hubbie dies first and you second, the estate would be split between your two natural children.
If you die first and hubbie second, the estate would be split between his three natural children.
If I were you, I'd write some wills lickety-split.:heartpuls Mrs Marleyboy :heartpuls
MSE: many of the benefits of a helpful family, without disadvantages like having to compete for the tv remote
Proud Parents to an Aut-some son0 -
Thank you, & yes you are right, we need to sort a will asap0
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Also, if you die first, he might remarry and your kids get nothing - if he then died and his new wife got it all.0
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OP
You need to get a solicitor to draw up a Will that meets your objectives. There are several options but essentially the problem is to write words that deal with all the likely eventualities in terms of who dies first. A solicitor will explain your options.Few people are capable of expressing with equanimity opinions which differ from the prejudices of their social environment. Most people are incapable of forming such opinions.0 -
If married/civil partners you die (intestate) within 28 days of each other then there are special rules, the commorientes(oldest first) ones don't apply.
The estates are treated as if you both predeceased each other0 -
I agree, best to speak to a solicitor.Forty and fabulous, well that's what my cards say....0
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Does your husband agree that this split is fair? If not he may want to balance this out by giving more of his share to your step son.
I think you 2 need to have a serious discussion on this then sort out the wills.0 -
Is there any likelihood that your stepchild may also inherit from his mother or perhaps his maternal grandparents? If so, you may want to consider this when discussing any kind of balance.0
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If you are paying the mortgage, whose name is the house in?0
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