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  1. #1
    tnr1983 Guest

    leaving some children out of your will

    What is the name of your state? KY
    My husband recently made a will that says that in the even of his death I get all of his personal property as well as his life insurance benefit and the money in the bank. If I'm not alive then it goes to OUR son. He has another son that's illigitimate. He deliberately left him out of the will. If he died would his illigitimate son still be able to claim some of his property or money just due to the fact that he's his biological son? No matter what the will states? I know it's an A hole thing to do but we don't want his mother to benefit from anything. And if my husband died while the son was still underage we know she would have a field day with the money.
  2. #2
    Blue Meanie is offline Senior Member
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    Quote Originally Posted by tnr1983 View Post
    What is the name of your state? KY
    My husband recently made a will that says that in the even of his death I get all of his personal property as well as his life insurance benefit and the money in the bank. If I'm not alive then it goes to OUR son. He has another son that's illigitimate. He deliberately left him out of the will. If he died would his illigitimate son still be able to claim some of his property or money just due to the fact that he's his biological son? No matter what the will states? I know it's an A hole thing to do but we don't want his mother to benefit from anything. And if my husband died while the son was still underage we know she would have a field day with the money.
    Yeah...It is a wicked A-hole thing to do! How about leaving it as a trust to be disbursed in increments so that his CHILD will benefit?? The bulk can be disbursed when he reaches his majority. And you don't have to keep harping on the fact that the child is "illegitimate"...We all have gotten that by now!
  3. #3
    tnr1983 Guest
    Quote Originally Posted by baystategirl View Post
    Yeah...It is a wicked A-hole thing to do! How about leaving it as a trust to be disbursed in increments so that his CHILD will benefit?? The bulk can be disbursed when he reaches his majority. And you don't have to keep harping on the fact that the child is "illegitimate"...We all have gotten that by now!
    He really doesn't want the child to get anything. He just wants it to go to our child.
  4. #4
    nextwife is offline Senior Member
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    Marital assets that are correctly titled as joint assets pass outside probate, as does life insurance, IRAs and 401Ks. These are NOT controlled by the will. You and the child's mom may want to each buy your OWN life policies against your respective children's dad to guaranty money to your child if dad dies. I did not rely on hubby's life insurance, I bought it myself. Both of you moms may want to each look out for your own kids by securing life policies both on yourselves and on dad

    FYI - when my dad died, ALL marital assets, actually ALL dad's assets, went to his spouse (my mom), so leaving jointly acquired assets to the co-acquirer is not so outrageous.
  5. #5
    Blue Meanie is offline Senior Member
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    Quote Originally Posted by nextwife View Post
    Marital assets that are correctly titled as joint assets pass outside probate, as does life insurance, IRAs and 401Ks. These are NOT controlled by the will. You and the child's mom may want to each buy your OWN life policies against your respective children's dad to guaranty money to your child if dad dies. I did not rely on hubby's life insurance, I bought it myself. Both of you moms may want to each look out for your own kids by securing life policies both on yourselves and on dad

    FYI - when my dad died, ALL marital assets, actually ALL dad's assets, went to his spouse (my mom), so leaving jointly acquired assets to the co-acquirer is not so outrageous.
    Read the OP's other threads.....
  6. #6
    tnr1983 Guest
    So you are saying this other kid gets part of his life insurance regardless? He has me named as the main beneficiary. How can they take it from me and give it to someone else if HE named me as the beneficiary? Also when we both die we want our estate to go solely to OUR son and not the other kid.
  7. #7
    Some Random Guy is offline Senior Member
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    nextwife :
    Marital assets that are correctly titled as joint assets pass outside probate, as does life insurance, IRAs and 401Ks. These are NOT controlled by the will.
    tnr1983:
    So you are saying this other kid gets part of his life insurance regardless? He has me named as the main beneficiary. How can they take it from me and give it to someone else if HE named me as the beneficiary?
    No, what nextwife is saying is that his life insurance is not controlled by the will. What the will says about them is meaningless.

    It is controlled by the designation of the beneficiary on the insurance policy. The IRA and 401Ks, if they exist, are the same way.
  8. #8
    tya385 is offline Junior Member
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    Greedy!!!!

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