• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

New Will prior to possible divorce

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Linda Littell

Junior Member
What is the name of your state? Ohio

Very brief history. I was in a marriage for 25 years, 3 children. Fought hard and bought out my ex-husband to keep this house to raise children in. (they're all grown and gone now) I Dated a man for 4 of the 5 years of being single, then in 2003 he finally convinced me to marry him.

When we got married, we decided to sell his house because mine was a bigger house. We ended up taking a loss due to the 2nd. mortgage so he had to dipped into my savings to pay off his 2nd mortgage, $6,000. But hey! I loved him and was thrilled to finally find a good man! My house appraised for $200,000.00 of which I owed $70,000. when we got married, he has been making the payments, since marriage.

In 2004, he realized that his name hadn't been put on the deed to this house, so he got all excited, fussed and moaned around so I finally put his name on this house in a surviorship deed.

Shortly after his name was put on the deed, he started drinking frequently. Now, 4 years later, he has become a functioning alcoholic. He drinks half of a 5th of whiskey, or 2-3 long islands, then pops vicodins, or sleeping pills. Stays up most of the night having his private party, sleeps all day Sat and Sun. but gets up and goes to his job on Monday. We've gone to councelling twice over this and the fact is, I am not happy watching someone waste their life away, but due to our age, mid 50s, I have fears of being single again, with no insurance. I was a stay at home housewife for the 25 years I was married to my kids father. He was a railroader, and his retirement was protected by the tier tax thing. Getting married knocked me out of his benefits & I don't have enough time worked for Medicare. I worked briefly in sales, but 9-11 dashed that career, since marriage, I again have become a stay at home wife.


Okay so much for brief history! (sorry) Anyway, I decided to at least try and change my will so if I die first, my kids would at least get something and wanted to know if stating in a will that I want my kids to get half of this house would that change anything if there is a survivorship deed or do I need to have that legally changed prior to making the will?
Thank you for any help you may give.
Linda
 


Dandy Don

Senior Member
Is your house paid off now or is there still an outstanding mortage on it? If so, how much is the mortgage? How much in payments would you estimate he paid towards the mortgage?

Does HE have a will made out and do you know what you would receive in the event of his death?

The will can not supercede the survivorship deed so you may want to consult an attorney to find out if you can get the survivorship deed changed to add the names of your children. You truly need to consult someone who is familiar with your state law because as a surviving spouse he will have rights to a certain portion of your estate, whatever that is, and you need to find out now what that share is so you can write your will accordingly or do whatever you need to do outside of the will.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top