Kittencat said:
I don't. My husband has a 100,00 life ins policy that they will share. All the assets that my husband and I have we acquired together. When hubby dies I don't feel I should split half of everything with his children - especially my portion of the money. Why should I have to purchase 1/2 the house from them?! Actually if hubby dies before me the kids can have it all once I die. I have no heirs. I just want to protect myself, not beat anyone out of anything. I don't see hubby's share of our assets being "rightfully theirs" however.
You do not understand the lines of succession then. If hubby dies leaving you everything then you die without also having a will, his children will get nothing.
So, from your answer I assume you want no to leave the home but don't have anyone to leave it to. If that is correct, then you need to have a talk with hubby about a will and place the home iin life estate to you. This allows the children to inherit upon your husband's death but not exercise that right until your death since you will have the life estate, use of the home as long as you live and reside there.
As to your assumtion that the children's right to hubby's share of your assets shouldn't be theirs, you are wrong and that's why probate laws are written the way they are. If the assets are in joint accounts, then the surviving account holder has all rights to the account.
Insurance does not pass through probate. It goes directly to the beneficiary.
I would strongly suggest you and hubby seek the advice of a local probate attorney to set up a will so that both his children and you are provided for.
You're working you way into a coronary and could be on the path to splitting up the family should you pursue this path without sound advice.