Dividing assets after death of a spouse

[klucich]

What is the name of your state (only U.S. law)? MO
Right now our will is set up where the remaining spouse receives all assets, so I am understanding that if something happens to me first, my husband receives all assets and property, and then when he dies, everything goes to his two children, leaving my side of the family out completely. How can one set up a will where upon the death of the surviving spouse, assets are divided up according to our wishes, as if we both passed away at the same time?

 

[Mass_Shyster]

You cannot dictate bequeaths in someone else's will.

You should speak with an attorney specializing in estate planning. You may be able to accomplish what you seek using a trust.

 

[curb1]

There are simple ways to handle this if husband is cooperative (right now he has things going his way). You can divide monetary assets into three accounts. First account is yours alone with your named beneficiaries. Second account is his alone with his named beneficiaries. The third account is your joint accounts that is used for your joint everyday expenses. I don't know what your assets are, but this is a start. Leaving everything to a spouse (especially in a 2nd marriage) often leads to negative unanticipated consequences.

If you have real estate you can set up a trust that would instruct named beneficiaries to sell house upon the death of second to die and split assets according to the instructions in the trust.

 

[klucich]

Thanks. I will look into the options you have suggested. Hubby is pretty reasonable.