Assets, Will & Stepchild

I have one son and one stepson. The stepson does not live with my wife & me.

I haved owned a house & an apartment (free & clear with no mortgage) since before we got married.

If I pass away, my wife gets everything. When she passes away, whatever is left would be split between my son & stepson.

How can I protect my house & apartment so it passes ONLY to my son? I'm 45 years old and do not have a will yet. My total assets, including house & apartment, are approximately $210,00.

Thanks for your time. I know this is a very vague question, by I'm totally ignorant on this subject.

Seanscott said:

I have one son and one stepson. The stepson does not live with my wife & me.

I haved owned a house & an apartment (free & clear with no mortgage) since before we got married.

If I pass away, my wife gets everything. When she passes away, whatever is left would be split between my son & stepson.

How can I protect my house & apartment so it passes ONLY to my son? I'm 45 years old and do not have a will yet. My total assets, including house & apartment, are approximately $210,00.

Thanks for your time. I know this is a very vague question, by I'm totally ignorant on this subject.

Click to expand...

My response:

Actually, it's a very good question, and really quite easy to answer.

First, let's talk about your stepson (step). Your step does not take from your Estate automatically, as your own child would. Therefore, and unless you adopt this stepchild, you don't even need to mention him in your Will.

Second, since you live in a separate property State, your wife can be specifically excluded from your Estate in writing; e.g., "I exclude my wife, (Name), and should my wife contest this Will, I bequeath the sum of $1.00 to her, only."

As for your blood son, you specifically include him, and bequeath everything to him, using specifics of the property you give him.

This is overly simplistic, and you should seek the advice of a Probate attorney for specifics, and to have a Will drawn up that meets your needs.

IAAL

Thank you very much. I appreciate the info.