ex willed our son out of everything. Can I fight it?

[babymomma]

What is the name of your state? The state my sons father lives in is KY. I can't name my state because of a privacy issue the ex uses this website. And I'm afraid to tell where I live.
If you want to know why read my other thread in child support.

Now my ex who I was never married to has a child with me and a child with his new wife. He recently had a will drawn up that says that the child we have together cannot have any part of his house/property, bank account, cars, or life insurance. Cd's, savings accounts, stock, etc. The will named our son exclusively. It also names his new son as getting EVERYTHING in the event of he and his wife are dead.

Can this be faught by my son when that happens. He's named his wife and son as his main beneficiary on his life insurance. If he dies first the wife gets the money. If he dies last their son gets the money.

Also he's put in the will that if he were to die owing me back due child support or arrears to the state they or myself cannot put a lien against his home/property. So can that really happen?

Also he's transferred both his cars into his wifes name. She's the owner now. They are paid for. As well as his boat is in her name now. Due to the fact he's scared someone may take them if he gets behind. Is that also legal. Apparently his wife wrote him a check for the cars and everything. And it was what he would get out of them if he sold them to someone else.

 

[moburkes]

I haven't looked up KY specifically, but no parent is required to leave ANYTHING to their children.

 

[Dandy Don]

He can put whatever he wants in his will but he has made a mistake this time. If back child support is owed you have the right to file a claim against the estate. You need to be talking to a local probate attorney whenever you can about this matter to find out in advance what you will need to do when the death occurs. Additionally, if there is no specific explanation in the will as to why he is disinheriting the son, then your son may have grounds to contest the will. Just wondering--how were YOU able to find out what is in this man's will?

DANDY DON IN OKLAHOMA ([email protected])

 

[babymomma]

He can put whatever he wants in his will but he has made a mistake this time. If back child support is owed you have the right to file a claim against the estate. You need to be talking to a local probate attorney whenever you can about this matter to find out in advance what you will need to do when the death occurs. Additionally, if there is no specific explanation in the will as to why he is disinheriting the son, then your son may have grounds to contest the will. Just wondering--how were YOU able to find out what is in this man's will?

DANDY DON IN OKLAHOMA ([email protected])

One of his close family members told me. He did put in the will why he's not putting my son in his will. Due to the fact that when he was born I never told him about the possibility of a son, I named him after my ex, then I went after him for CS a few years later. He has no relationship with him and never has had one. So he's giving the fact he's had no relationship with him as a reason for not letting him have anything.

And about the back child support. From the same family member I was told that the estate was his wifes and willed to her by a deceased parent. In the state they live in once you are married the property becomes both parties property. They have been seeing a lawyer and are getting a divorce. And the reason for the divorce is so that the wife can make a will saying that my ex is a lifetime heir to the property but the property cannot be sold. So if she dies first my sons father can live there until he dies and at that time the property goes to their son. Would that actually work? Apparently they are willing to divorce and live together the rest of their lives just to make sure that her property doesn't get into my sons hands.

 

[nextwife]

Good grief. Dad could linger in a nursing home for years leaving NO estate before he dies. Why are you sweating this NOW? Is dad terminal? Serving in a war zone? An explosives expert?

Dad will be paying CS throughout the child's minority. Why not stash away a bit of each payment dad makes and someday provide that to your child as a legacy from dad, since it's money dad is providing. Amazing what dollar cost averaging a few dollars each month into the right mutual funds and compounding can do.

You also have the option of buying a life insurance policy on dad, if he agrees, to provide for your child if their dad dies. I bought one on my child's dad as soon as I became a parent and I pay the premiums and control he beneficiary. Child has an insurable interest.

Bottom line is that dad is NOT behind, and if he wants to sell his cars and boat to his wife, he has that right. He doesn't have to hang onto things because you want him to do so.

No, parents are not required to leave an inheritance. When my dad died, his entire estate went to our mom, who lived many more decades after him. And I never felt disinherited. Couples do often leave to each other because they accumulate the assets together.

 

[seniorjudge]

And about the back child support. From the same family member I was told that the estate was his wifes and willed to her by a deceased parent. In the state they live in once you are married the property becomes both parties property. They have been seeing a lawyer and are getting a divorce. And the reason for the divorce is so that the wife can make a will saying that my ex is a lifetime heir to the property but the property cannot be sold. So if she dies first my sons father can live there until he dies and at that time the property goes to their son. Would that actually work? Apparently they are willing to divorce and live together the rest of their lives just to make sure that her property doesn't get into my sons hands.


She cannot make an absolute prohibition on him selling it. (Google restraints on alienation.)

But she can give him a life estate. No one (in his right mind) would want to buy just a life estate.

Once he dies, then the whole thing would go to their son.

That is perfectly legal.

 

[nextwife]

One of his close family members told me. He did put in the will why he's not putting my son in his will. Due to the fact that when he was born I never told him about the possibility of a son, I named him after my ex, then I went after him for CS a few years later. He has no relationship with him and never has had one. So he's giving the fact he's had no relationship with him as a reason for not letting him have anything.

And about the back child support. From the same family member I was told that the estate was his wifes and willed to her by a deceased parent. In the state they live in once you are married the property becomes both parties property. They have been seeing a lawyer and are getting a divorce. And the reason for the divorce is so that the wife can make a will saying that my ex is a lifetime heir to the property but the property cannot be sold. So if she dies first my sons father can live there until he dies and at that time the property goes to their son. Would that actually work? Apparently they are willing to divorce and live together the rest of their lives just to make sure that her property doesn't get into my sons hands.

You are misunderstanding seperate vs. marital property. Even in a marital property state, everything a person ever owned does NOT become marital. WHY would you think your son has any claim to the father's WIFE'S inheritance? An inheritance is seperate property unless comingled. Your ex has no claim to it, thus your child has no claim to it. And if it is her inheritance she has every right to do what she wishes with it - including putting it in a life estate and leaving her inheritance to her child.

 

[Dandy Don]

You can't plan what your son is going to receive in advance because a lot depends on what the value of the estate is at the time of death--some assets will have named beneficiaries and will not go into the estate and other assets may not have named beneficiaries and therefore will be in the estate. If there are some assets left in the estate you or your attorney or the child support office can file the claim for the back child support to be paid, like a debt is paid. The answer you received from your family member is somewhat misleading and that person doesn't even know the law.

Now that you have had your question answered please edit it/delete it/erase it so your ex won't see it.

 

[nextwife]

You can't plan what your son is going to receive in advance because a lot depends on what the value of the estate is at the time of death--some assets will have named beneficiaries and will not go into the estate and other assets may not have named beneficiaries and therefore will be in the estate. If there are some assets left in the estate you or your attorney or the child support office can file the claim for the back child support to be paid, like a debt is paid. The answer you received from your family member is somewhat misleading and that person doesn't even know the law.

Now that you have had your question answered please edit it/delete it/erase it so your ex won't see it.

As there is no arrearage, there is no back support to now worry about. You can't make a claim for something not owed that MIGHT possibly someday be owed. You might someday owe HIM child support..

As Dandy Don stated, you can't plan to receive from an estate, even if not disinherited.

The "future decedant" can use, sell or gift their own assets throughout their lifetime. My terminally ill parent was spending over $5000 a month of my their assets for a caregiver to assist in the home until death for a great many months. Plus major medical costs, expensive meds that medicare didn't cover, condo fees, taxes, special food because of the chemo, blah blah. And before they were ill, we encouraged them to use their savings to travel and do things they wanted to do. So by the time they died, there was little left.