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2nd Marriage

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tjodell

Junior Member
I live in Texas and remarried to a widower with 3 children, 2 of which are bitter about the marriage. We are in the process of removing his deceased wife's name from the deed on the house, and we live on social security only, no big estate. :) My question is can we just do a will either through the library or computer designating each other as sole beneficiaries without fear my husband's 2 children would have any rights to contest. Our only concern is that if my husband dies before I do (we are both in our 70s) and if I wish to sell the house we live in and move to a smaller place, that his children would not be able to stop me, claiming they had a right to some of the property because their mother lived there.
 


OHRoadwarrior

Senior Member
When you do the wills, make specific mention of anyone that might potentially challenge it. An example....
My son John Smith, I leave my lucky fishing pole.
or

My son John Smith and Daughter Jane Russel I intentionally make no provision for. I also intentionally make no provision for any grandchildren.
 

anteater

Senior Member
...without fear my husband's 2 children would have any rights to contest.
You can't remove their right to challenge the will. You can only exercise enough care in creating and executing the will that any decent attorney will tell the children that they would be wasting their time and money attempting a challenge.
 

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