Marrying again and unsure who inherits my house

Totally agree with JonesKPjooo, I’ve just finished fighting a court case on behalf of my mother where she married my stepfather (who we now realise was after her property that my own father and mother bought outright and on their divorce my dad signed it over to my mother). After quite a few years of marriage my stepfather decided he wanted my mum to sign her house over to himself, as he paid for the repairs over the years he reckoned, very long story made very short, he had kids he left when they were 3 and 4 but felt guilty so unbeknown to my mother and how he did it we don’t know but when he died (fortunately before my mum) we found out via his will that in 2003 he had fraudulently somehow got my mothers house put into his name 10 years ago, also in his will he’d left my mother nothing and left the house to his 2 children!! The mess has been awful, I was my mums POA and had to do everything for her Court wise etc and I feel very angry what turned out to be my mums last years I missed out on being angry that she married him, thought he was ‘lovely’ etc. So yes please make sure you tie it up very very tight with a good solicitor or put the house in your children’s names now with the understanding that it’s still yours if you wish to move etc.

Sorry pressed post before I finished, the court case cost thousands which I ended up paying a substantial amount out of my mothers house after her death and we also have a loan from it as even though we won the case, unbeknown to me the winners have to pay towards costs! The stress has made me ill, my DM wouldn’t like to know how I’ll it’s made me feel.

Talk to a solicitor about putting your property into trust with your children as beneficiaries and husband has a right to live there. Specify treasured family items in your will in case husband remarries and new wife won’t let your children have them ( yes, a friend can’t even have her childhood photos).

notnan you’re wrong again

In Scotland marriage does NOT invalidate a will
That's true, but the old will still stands. So if your ex was due to inherit the house (or anything else), he still would.
As everyone is saying, make a new will

Yes, my second husband and I lived in a rented property and then I inherited some money and we bought outright a new home. My will states that my OH should have use of the property as long as he needs it if he should outlive me and then it will go to my children, not his.

I have read this thread with great interest. My daughter has lived with a man met on a dating site after her divorce. She has two adult children and has left her house to them in her will.
The man she lives with is about 15 years youngsr Than her. She is now nearly 67 but still has to work as this man has had long periods of unemployment, despite having a professional aualifjcation which would enable him to find a job quite easily.

As they have lived together. for over 15 years I am worried that her will could not protect her children’s inheritance although her Will leaves hef house to them equally. As I am quite ancient she will inherit a third of my estate and I just wish I could stipulate that any of my personal possessions that she inherits are to go to my grandsons after my daughter dies. My daughters partner is not an evil type but seems to dislike going to work! Is there any way I can save this thread asi would like her to read it (except for my post:!

When my husband died, after nearly 60 years of marriage I could never have contemplated remarrying, being so old, but I do sympathise with those who want to protect their child’s inheritance, while realising a partner can be left homeless!

I did think of leaving my daughters share of my property money etc. Equally shared with my two grandsons and even discussed it with my daughter, but she was furious that I should even suggest it!
Dying is a nightmare and we all want to be fair to our families, but I see a minefield ahead but do want to protect my grandsons inheritance and I did not know existing wills were null and void on remarriage which is why I am asking how to save this thread!
Excuses for any typos!

Make a will. Make sure it is watertight. Add a written explanation about what you are doing and why. Go to a solicitor. Do not try to do it yourself. My DH was a solicitor. He always said they made more money sorting out affairs of those who didn't make wills or who had tried to do it themselves, than they ever did from actually helping people make their wills. Also make sure everyone knows what you have done and why. Also make someone close to you your Power of Attorney in case anything goes wrong or you become I'll.

Anniel
cut and copy all the posts and paste to your word/pages
software
Then you can either email/text /print off for your daughter

Get legal advise BEFORE the wedding

If you have assets you must get a proper Will drawn up by a solicitor, not a home-made diy effort.

Some of you have wrongly assumed that by not getting married to your live-in partner or making a proper Will, your children will automatically inherit your estate but it’s really not that cut and dried.

It doesn’t cost that much to ensure peace of mind and I think it’s unkind to just leave your adult children to muddle through the intestacy process.

Just get it done!!!

My mother died before her second DH and her flat was in her name. The second DH contributed nothing to the running costs and was basically a kept man.

In her will my mother left the flat and all her assets to her children but he was allowed to live there for the rest of his life and use everything in the flat provided that he insured the contents, paid all the bills and didn't re-marry. We are now (7 years later) at the stage where he is leaving the flat to move into a care home.

Lessons learned if you are planning to do likewise:

1. Provide for your children to make an inventory of what is left in the flat after your death. Then you will know if any of it is removed before your children are able to inherit it.

2. Provide for your children to have a right of access to remove any personal items belonging to you which he cannot use (eg clothes, jewellery, handbags and documents relating to you, not him) at any time after your death. Specify what such items can include.

3. Provide for your children to be informed beforehand if any of the items left for his use are removed or disposed of. A wardrobe full of my mother's stuff was cleared without us knowing or being given the opportunity to see if there was anything we wanted.

4. Ensure you have a right of access by spelling this out in the will, perhaps with 24 hours' notice for a routine visit or without notice if there is an emergency. My sisters and I are effectively banned from entering the flat, which is ridiculous and wrong.

5. Check the position on inheritance tax (IHT). HMRC would not charge us IHT because we had no benefit from owning the flat but I have heard that the value of the flat when vacated will go into the second DH's estate when he dies and we will then have to pay it. I am hoping (and praying) that we can benefit from the new Residence Nil Rate Band if it can stretch to the first death.

6. Warn your children about this possible bill (if there will be one) after you have got advice.

I hope this helps.

Crazygran mentions ^If one partner lives a lot longer than the other the property could deteriorate and not be worth much for the family to inherit^

You can have conditions written into your Will regarding maintenance and general upkeep of the property. That is what I did in my 'in anticipation of marriage' Will - via a solicitor.

Congratulations on your approaching marriage. As you can see from these answers it depends on where you live whether your present will is valid or not when you remarry.

You certainly need a solicitor ASAP.

It is very sensible of you to sort this out now.

I am with others who say think seriously about re marrying ….this could well become a problem after, if you die first. He also needs to make it known legally that he nor his children will have no interest in your assets if you pre decease him. n my case, my step daughter, who refused to come and visit her dad when he was dying, promptly demanded to see the Will as 'I want half' she was not entitled half and said she was going to contest it …..I simply said go ahead, under French law (where we lived then) only half of his half is yours...less legal expenses. As the Notaire said, to contest the inheritance under French law will cost her more than her inheritance and could take two years ...I simply told her to go ahead ...then I sold the house (as I was entitled to do under the law of 'Succession'...….I have no idea what she is doing now …..SO please consult a solicitor asap ...make sure you are prepared in advance with proof of your ownership of the house, other assets you may have, and a clear idea of what you want. It may be that you want to leave him some of the proceeds of sale of the house, or certain assets you have in the house, car, etc MAKE SURE you give detailed info about any beneficiary ...I,e, names, last known addresses, dates of birth and relationship to you. My late husband's mother simply said that she wanted 'anything I leave to go to my children' (she had 5) SO when she died, my husband;s brother decided not to mention him and so he was left out. He wanted nothing from his mum (she never had anything anyway) but one thing ...a photo of him being presented to the Queen when he was in the Navy …...all because she said 'my children; without specific details. I worked in Probate a long time ago and, as is said, Where there's a Will there's a relative !!!

100% agree get specialised legal advice. Things very often turn extremely nasty when someone dies and you need to know your wishes are carried out for your own children not anyone elses.

My partner ,of 26 years, and I have chosen not to marry. We both have children from previous marriages and our finances are separate. However, we own our house as tenants in common so if either of us dies the other is allowed to remain in the house unless they remarry or cohabit. In this case they must sell the house and give half to the other children. We felt this was fair to everybody and have made wills stating this.
You really need to make a will to protect your children plus your new husband

Putting your house in your childrens’ name Is also precarious. I know a lady who did this, only to have her daughter evict her from the home she had lived in for many years. When there is money at stake you can’t always know who you can trust. Even your own family, it seems.

The other thing you need to consider is, if your deceased husband had an occupational pension, you may lose that income by marrying again. I knew a lady who did not marry her partner for that very reason. They discussed it, decided to live together, but she still made a new will so that her children got everything. It is a minefield. I would see a solicitor, especially if you really aren't sure.

Just to add - my mother re-married because the second DH insisted on it. I don't think he would have walked off if she had said no but she wasn't prepared to take that risk.

If the legal advice is that you cannot avoid a risk to your children's inheritance if you die before the second husband then maybe you should not re-marry.

My mother left the second husband a flat abroad and the sale proceeds have helped him to pay the running costs of the flat. There is an Act which allows people to challenge a will if they were financially dependent on the deceased spouse and are left nothing.

Make a will. We know two sisters who were in their early twenties both married when mum died suddenly. Dad wasted no time (and I mean weeks) in replacing her with a younger woman from work. She moved in soon after before they had chance to sort mums belongings. Soon after dad rang to say they'd got married quietly at RO no one else invited. They went round but dad wasn't in and new wife wouldn't let them in. Long story short they got nothing as dad died of heart attack weeks later. She got family home, money in bank etc. They asked for items of mums but got a letter from her solicitor to tell them to stay away. They got their own solicitor who got nowhere. They too as someone else mentioned didnt get childhood photos back nor old school records etc etc. One sister now emigrated as she said she couldn't stand living in the same country as her!

One of the most horrifying tales I heard was one on Radio 4. An older lady who was suffering with early stages of dementia was 'befriended' by a man who quickly moved in with her. The lady subsequently died and the daughter found out her DM had married the man! Her will was null and void and he inherited the lot. The worse thing was that he had a funeral without telling the family and to this day they don't know if she was buried or cremated, he refuses to tell them.
Sorry to hijack the thread, best wishes for the upcoming marriage.

My mom left her house to me and my sister's with a provision that her husband could live there unless he remarried. Mom died 12 years ago. The land registry was changed to our names and he is still living in the house. He has to maintain it and pay the bills. Hope that helps.

Before my second marriage I placed my house in a trust fir my children. Overseen by two trustees in the event of my death. As it happens we are now separated. And he can have no claim on the house due to the house being placed in the trust.

Where would he live if he didn't marry you? There is no way your children shouldn't inherit what your late husband worked for, you and the children. I know of people who lost everything by doing what you are considering, Why marry. No man worth his salt would contemplate what you are suggesting.