Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > FAMILY LAW > Marriage, Domestic Partnerships and Other Family Law Matters

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 02-10-2004, 08:58 AM
Rosemary_6
Guest
 
Posts: n/a

2nd marriage property


What is the name of your state? texas

this is 2nd marriage for both my husband and i ... we both have children from our 1st marriages and we have a child together in 4 years we have been able to obtain a great deal more then either of us did with our ex spouses we are about to buy a new house my question is if anything happens to me or him do our ex spouses have any rights to anyting we have obtained together in the intrest of the children ...... some extra info ... my husband is very current on his child support he has never been not $1 behind as for my ex he is several thousand dollars behind ... we just want to know in case of either of our deaths can our ex's come after our property in intrest of the children ???
  #2  
Old 02-10-2004, 09:31 AM
Senior Member
 
Join Date: Jan 2003
Posts: 19,148
The children of each of you have inheritance rights to your respective estates.

You both need wills (and life insurance) to guaranty that your estates are handled according to your wishes. Also address guardianship of the child you have together and his/her care if you both died. If this child is much younger than the others, you may need to address their needs differently (my kid is 24 years younger than DHs oldest, so we planned a trust for her care). Also be certain to look out for each other's interests in addition to the kids. An estate planning attorney is your best bet.
__________________
Adoptive parents ARE "real" parents. Sharing genes is not what makes you a "parent"!
  #3  
Old 02-10-2004, 09:48 AM
Rosemary_6
Guest
 
Posts: n/a
i divorced my 1st and i went out and got a job my husbands ex went in to public housing and wefare and has been "" going to school "" for 5 years now this is a women who wants to have her child support lowered so SHE can obtain medicad and it will increase her food stamps ect..... my concern is if something happened to my husband can she fight me for the house for the children ??? even tho it was obtained long after thier divorce and the home is in both my husbands and my names ?
  #4  
Old 02-10-2004, 09:53 AM
hexeliebe
Guest
 
Posts: n/a
She can't touch it. Relax.
  #5  
Old 02-10-2004, 09:55 AM
Ramoth
Guest
 
Posts: n/a
This is why you're being told to see an attorney and have a will drawn up. This way you can plan (1) what happens to your "stuff" if you die before your husband, (2) what happens to his "stuff" if he dies before you, and (3) what happens to all the "stuff" when you're both dead.

Odds are your husband is required to make arrangements for child support to continue after his death, usually through an insurance policy, whatever.
  #6  
Old 02-10-2004, 09:56 AM
Senior Member
 
Join Date: Jan 2003
Posts: 19,148
AS long as he stays current on his CS and has proof of all payments (hopefully he is paying through CSE) you need hot worry. Still recommend estate planning, though.
__________________
Adoptive parents ARE "real" parents. Sharing genes is not what makes you a "parent"!
  #7  
Old 02-10-2004, 11:33 AM
Rosemary_6
Guest
 
Posts: n/a
Thanks ya'll for replying i finally got ahold of a local family law attorney who informed me that as of 30 days after the final court date she has NO right to anything he has obtained by himself or with me .... as long as 1 of us is still living it will go to them and she or my ex can stand on thier heads and spit purple and they cant touch it we will take your advice nextwife and have some legal documents drawn up seeing as there are 6 children involved his mine and ours ..... we want the children to have all we can give them just NOT the ex spouses
  #8  
Old 02-10-2004, 02:53 PM
Ramoth
Guest
 
Posts: n/a
You still need to get wills made.

Zeus forbid, but if you were to both die at the same time, right now the estate would be split in half, and your half would go to your kids, his half would go to his kids. Any time you have a blended family the only sensible thing to do is to get wills made up to cover all the bases, and update them every few years.
  #9  
Old 02-12-2004, 07:49 AM
Rosemary_6
Guest
 
Posts: n/a
Thanks Ramoth we did just that ..... if both of us should die at the same time (god forbid) everything we have will be sold and the money split 6 equal ways and put in a trust till each child reaches 21 theres even a stipulation that says they can have it at 18 if its used for college ...... seeing as the kids range for 16 down to 2 we thought that was a good idea thanks to all of ya's
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 04:33 AM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.