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Wills

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rlarmstr

Guest
What is the name of your state? Texas

I have a question. I am currently single. I have a Will leaving everything to my three children with specific bequests. I also have named an Executor. In my will I have added the verbage "Let it be further understood that this Will and Testament will REMAIN in force regardless of my marital status at the time of my death".

I need to know if this will hold regardless of my marital status. I am planning to marry soon but DO NOT want to change my will. It's not because I don't trust my soon to be husband, it's just that I have been through so much that I just don't want to take any chances regardless how much I trust someone. My children come first and since their father past away, this is more of a reason in why I don't want to take any changes. I want my Will to be valid regardless of marital status.

Does anyone have any advise???
 


HomeGuru

Senior Member
rlarmstr said:
What is the name of your state? Texas

I have a question. I am currently single. I have a Will leaving everything to my three children with specific bequests. I also have named an Executor. In my will I have added the verbage "Let it be further understood that this Will and Testament will REMAIN in force regardless of my marital status at the time of my death".

I need to know if this will hold regardless of my marital status. I am planning to marry soon but DO NOT want to change my will. It's not because I don't trust my soon to be husband, it's just that I have been through so much that I just don't want to take any chances regardless how much I trust someone. My children come first and since their father past away, this is more of a reason in why I don't want to take any changes. I want my Will to be valid regardless of marital status.

Does anyone have any advise???
**A: consult with an estate attorney. Do not leave things to chance, especially when the future of your children are concerned. An irrevocable trust may be a better option.
 
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hexeliebe

Guest
BIG DITTO.

Just a case in point. In many states, marital status, while not automatically grounds to invalidate a will, can be grounds to contest the will.

And, as many on this forum who are better versed in the law can tell you, contesting a will can run into large amounts of money, which could also drain any inheritance you may wish to leave the children.

Please consult a real estate attorney and also a probate attorney. There are ways to write a will and to dispose of your assets before death that can protect them from unwanted distribution.

And to the forum, yes I'm back from Austria, but not really wanting to be :D
 
R

rlarmstr

Guest
Do I not even have a right to give to whom I want my things that I have acquired before I was to marry? (i.e., house, 401K, stock, life insurance, etc.)

I understand that once I marry, anything that "we" buy together is considered community property. BUT should not have an impact on what belonged to me prior to our marriage and to whom I want to give that to....right?????
 
H

hexeliebe

Guest
And what about the equity difference in the house between the day you get married and the day you die, the growth of the 401K during that same time, the increase in the life insurance policy (which does not fall under probate by the way)?

These are questions a probate attorney will help you to answer and the question of the house can be taken care of with a real estate attorney.

So, please take HG's and my advice and get thee to an attorney in your area now.
 
R

rlarmstr

Guest
Thank you! This is so confusing. I just want to make sure that my children are taken care of and given to them what is rightfully theirs. They are without their father now (he passed away at 36 years old) and he did not leave them anything. We had been divorced for over 10 years so it was out of my control, however, I don't want anything to happen to me and my children get "screwed". Thanks but I needed to vent as well. : )

You all are wonderful!
 
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hexeliebe

Guest
Ahhhh, another satisfied customer.

Und ich Danke dir auch :D
 

nextwife

Senior Member
If you get a prenup AND make certain not to co-mingle marital funds with premarital property, it should be easy to maintain it's seperate property status.

I make all the mortgage payments on the house (premarital property) out of my seperate checking account using my salary. This is more to protect my assets for my grown son, but especially for our young daughter together. His kids are grown. If we died at the same time, we do NOT want them able to go after any of my property on the basis of his marital property rights.
 

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