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Legal, pensions and money

Wills, with stepchildren

(14 Posts)
Theromented Tue 28-Sept-21 15:13:49

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Katie59 Tue 21-Sept-21 21:29:35

As you have married again this is a very tricky situation, a spouse has to be provided for, if you don’t make a will half your estate will go to your husband and the rest between your own children - you have died “intestate”
You can give your husband the right to live in the house for his lifespan and then reverting to your children.
Solicitor will tell you all your options

Cabbie21 Tue 21-Sept-21 17:35:53

You can leave your house in trust, so your husband can live there during his lifetime, but then it goes to your children. Its value can’t be taken for care fees whilst he still lives there if he is over 60, but a charge could be out on it, to be recovered when you die.
You can each leave your other assets to your own children, or whoever you wish, but do consider whether the surviving spouse will have enough to live on and run the home without the other’s income.
A good solicitor will ask all the right questions to cover all What Ifs? And write a will accordingly.
The worst thing you can do is not have a will. Or to have one which no longer reflects your wishes.

Riverwalk Mon 13-Sept-21 08:30:45

If you die without making a will your husband will likely inherit everything, including your house.

A late friend didn't update her will and her husband from whom she was estranged inherited her valuable house and possessions - she had owned the house before marrying.

They were married a long time so she might have not been able to exclude him from some claim on her estate but at least her own son might not have had to share his inheritance 4-ways.

Willow73 Mon 13-Sept-21 08:08:19

Thank you that’s good advice.

Oopsadaisy1 Sun 12-Sept-21 19:57:01

Just go to the Solicitor with a list of exactly what you want done, they should steer you in the right direction, anything you don’t understand please ask at the time, before they type it all up.

Willow73 Sun 12-Sept-21 19:54:21

Thank you for all your advice. Solicitors is going to be my next point of call. My head spins with all the events that could happen it’s a big worry so will be a relief to get it done.

Oopsadaisy1 Sun 12-Sept-21 19:49:55

I’m assuming that your husband has his own money.? If so then you should leave your house to your children and leave him to make his own arrangements aft3 your death. Regarding funding his care ina home as his wife you are probably responsible, but he should use his own money, you both need a POA and to see a Solicitor PDQ.

M0nica Sun 12-Sept-21 19:47:27

As everyone says, ask a solicitor. You are not the only family like yours wanting to make a will like yours. Solicitors are well used to these circumstances. so consult one.

JaneJudge Sun 12-Sept-21 19:02:53

You need to see a solicitor. I am in blended family and my Mum and Stepdad sat down with a solictor and went through various options and then wrote wills etc.

Being in a blended doesn't shield you from care home fees anyway, so you may aswell sit down with someone who knows what they are doing!

Willow73 Sun 12-Sept-21 18:47:52

He doesn’t have a property and I would want him to be able to live in my house but not with anyone else, as that would complicate things further should he die and leave the other person living in the house.

Silverbridge Sun 12-Sept-21 18:21:58

You haven't said if your husband owns a property of his own which he could and would move to if you die first or whether you wish him to have a life interest in your house. That is the first thing to consider.

Soroptimum Sun 12-Sept-21 18:02:50

You’re really going to need the advice of a solicitor, who will have experience of your situation.
Having said that, it’s probably going to be tricky to ensure you get exactly what you want.

Willow73 Sun 12-Sept-21 17:53:25

My 2nd husband has 3 adult children by 1st marriage and I have 3 by my 1st marriage which ended when my husband died. I own the house we live in, none of the children live with us. Our finances are kept separate and husband gives me money towards bills every month there is no mortgage. I only want my children to inherit my money and my husband wants the same for his. I don’t know what to do about our wills and am worried that if I get dementia like my father who will pay my care home fees and if my husband goes into a home who will have to pay for him will my children end up with nothing? Any advice or anyone got same problem?