family law

[Kdoodle]

South Carolina(only U.S. law)? My husband of 2 yrs. inherited a house and land which he plans to leave to two of his kids. He also purchased 2 condos and plans to leave them to his other 2 kids. He has written in his will that I can remain in the house after his death as long as I want, but after my death, the house will go to his kids. This was done right after we married. He just told me that he is wanting to go ahead and give the 2 condos to his 2 kids. Not any of the property is listed in my name due to him having the property prior to our marriage. Can he give his kids the condos without any consideration to me and do I have any monitary rights to the condos? When my husband changed his will, the attorney stated that I had a 1/3 right to all his property. I don't want him to give the condos to his kids, because the rental fees will help me after my husbands death, if he goes before I do.

 

[LdiJ]

South Carolina(only U.S. law)? My husband of 2 yrs. inherited a house and land which he plans to leave to two of his kids. He also purchased 2 condos and plans to leave them to his other 2 kids. He has written in his will that I can remain in the house after his death as long as I want, but after my death, the house will go to his kids. This was done right after we married. He just told me that he is wanting to go ahead and give the 2 condos to his 2 kids. Not any of the property is listed in my name due to him having the property prior to our marriage. Can he give his kids the condos without any consideration to me and do I have any monitary rights to the condos? When my husband changed his will, the attorney stated that I had a 1/3 right to all his property. I don't want him to give the condos to his kids, because the rental fees will help me after my husbands death, if he goes before I do.

Yes, your husband absolutely has the right to give any of his premarital/separate property to his children now. You have absolutely no say in the matter whatsoever. Its a bad idea for tax purposes, unless the condos are to be the children's primary homes, but that is between your husband and his children.

As his widow, when that time comes, you will have the right to 1/3 of his estate that exists at that time. That does not mean 1/3 of each asset, it simply means 1/3 of whatever is in the estate at the time that he passes away.

On top of that, since the kids would inherit the condos upon his death anyway, there would be no rental income for you to utilize anyway.

For someone who has only been married for two years, you come across as a tad bit greedy.

 

[mistoffolees]

Yes, your husband absolutely has the right to give any of his premarital/separate property to his children now. You have absolutely no say in the matter whatsoever. Its a bad idea for tax purposes, unless the condos are to be the children's primary homes, but that is between your husband and his children.

HOWEVER, the homes may become partially marital property if marital income is used for their repair and upkeep or if her name is on the deed (I'm assuming that it's not, but just to cover all the bases). She would need to consult with an attorney regarding all the details.

As his widow, when that time comes, you will have the right to 1/3 of his estate that exists at that time. That does not mean 1/3 of each asset, it simply means 1/3 of whatever is in the estate at the time that he passes away.

Well, that's not what she's entitled to. That's what he is granting her in his will. He is free to change it at any time.

HOWEVER, she also has certain rights as a spouse which she should become familiar with. That would be in addition to whatever he chooses to give her from his will.

For someone who has only been married for two years, you come across as a tad bit greedy.

Seems true, however, there may be much more to the story.

 

[LdiJ]

HOWEVER, the homes may become partially marital property if marital income is used for their repair and upkeep or if her name is on the deed (I'm assuming that it's not, but just to cover all the bases). She would need to consult with an attorney regarding all the details.

While that's true, they have only been married two years, and for most of those two years the housing market has been tanking, so odds are there isn't much, if any, marital appreciation. On top of that, she doesn't appear to be divorcing him, therefore attempting to assert a marital property right at this point might not bode well for her marriage.

Well, that's not what she's entitled to. That's what he is granting her in his will. He is free to change it at any time.

Well, I read that differently than you did. I read that as the lawyer advising his client that his wife would be entitled to 1/3 of his estate when he passed, and if he left her less than that, the will could be challenged.

HOWEVER, she also has certain rights as a spouse which she should become familiar with. That would be in addition to whatever he chooses to give her from his will.

See my response above

Seems true, however, there may be much more to the story.

Could be. However, this is obviously a later in life marriage, with at least the husband having adult children, and is quite short term. I am not comfortable with her having any questions at all regarding what her husband is choosing to do with his premarital, separate assets.

 

[nextwife]

Poster, you have the same right to give the non-comingled premarital property that YOU brought to the marriage or inherited to whomever YOU wish.

 

[Ohiogal]

HOWEVER, the homes may become partially marital property if marital income is used for their repair and upkeep or if her name is on the deed (I'm assuming that it's not, but just to cover all the bases). She would need to consult with an attorney regarding all the details.



Well, that's not what she's entitled to. That's what he is granting her in his will. He is free to change it at any time.

HOWEVER, she also has certain rights as a spouse which she should become familiar with. That would be in addition to whatever he chooses to give her from his will.



Seems true, however, there may be much more to the story.

As a spouse, she can take her intestate interest if that would grant her more than what she is left by his will. AT THAT TIME.