contesting a will

[lovelyone]

What is the name of your state? Iowa
My husband has a will in which he leaves everything to me and his 3 children from different marriages. He refuses to put our house in my name saying he doesn't want to take away from his kids. We have been together (lived together) for 14 years and have been married 8 of them. If he dies, would I be able to contest his will to insure that I don't lose my home? I am an executor with his oldest daughter.

 

[ALawyer]

You probably should recognize he wants to protect his kids' inheritance also, and if he "gives you" the house or puts it in your name you might sell it and take the money, or remarry and levae it to your next husband, so his kids get nothing

What you might ask him to do is revise his will to leave you a life estate -- or the right to continue to live in the house so long as it remains your main residence and you do not remarry. That could satisfy both of your very legitimate concerns.

I do not know what he is leaving you (outside the house) or if he is providing for you with life insurance or pension benefits, or exacttly what rights to elect against the estate under Iowa law -- IN MOST STATES SPOUSES ARE ENTITLED TO A SET SHARE OF THE ESTATE, unless you waived that in in a pre-marital agreement, but I doubt you have a basis for a traditional will contest.

 

[lovelyone]

What you don't realize is that my husband is worth over half a million dollars and he has never divulged his net worth to me in the 14 years we have been together. This home we have is not going to take anything away from his children.

 

[nextwife]

If you have been with your spouse 14 years, you SHOULD, by now, be able to sit down and communicate with him about financial concerns. That you, too want to be fair to his kids, but need financial reassurance of YOUR rights and interests, A life estate for the residence is a way, as stated, that his kids get ownership of the residence while you are guarantied occupancy.

Perhaps he has life policies in place to take care of your needs. You can't know unless you communicate this with him. I have life policies against my husband that I pay for and own, and vice-versa, as he has virtually grown kids from a prior marriage. You need to have a familiy meeting with him and calmly discuss such things as health care powers of attorney, critical care insurance (for any future nursing home needs), life insurance and estate planning to protect each of you.

 

[lovelyone]

Contesting a will

I have talked to my husband about putting my name on the house, but he is afraid it will take away from his kids inheritence. We were married when we got the house and it was 3 years into our marriage that it was purchased. I just want to make sure I don't have to buy back my own home if something happens to my husband. I only want to protect myself.