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Blended Family and Wills-

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MKCT

Junior Member
I currently live in CT and my fiance has 3 children from a prior marriage who are in their teens. I do not have any children and my father drafted a Trust in name to be transferred when he passes. I am the beneficiary since I'm his only son. He is worried about having to change his will when I get married (In case there is something that happens to me before he dies) He is 89 years old keep in mind. I'm assuming that as long as there's some sort of language in his will that pertains to something like "in the event of my son's passing before I pass, my belongings will go to xxxx"

What happens when we get married and I were to pass several years from now - I do not have a will in place so everything passes to my fiance, correct? Just trying to appease my father so that he does not remove me from the will entirely if I get married, since he's worried about anything transferring to my fiance's children.
 


FlyingRon

Senior Member
First off, the has no bearing on things titled to the trust.

I assume the question is what happens if you (while marreid) die before your father. If the will doesn't stipulate that you have to be alive when you receive the inheritance, then it goes to your estate. What happens to your estate depends on what your will says or the laws of intestate succession if you do not have one. If you have no will and a wife, but no children of your own, then it does go to your wife.
 

justalayman

Senior Member
.
I am the beneficiary since I'm his only son.
I hope that statement is based on knowledge and not assumption. Your father can name anybody he chooses to be the beneficiary of his trust or estate as bequeathed by his will.

Your father should sit down with an estate planner/lawyer who can assist him in writing his will and trust to reflect his wishes. It is very simple to insert clauses that would direct his assets elsewhere should you predecease him that would direct his assets somewhere other than your estate
 

HRZ

Senior Member
IT is a rather common desire of parents to want to be sure that their assets flow as they best see fit down thier part of family tree .....encourage dad to get a well crafted will and trust to carry out his wishes .

You many be able to coach him to not put in difficulut to,administer or expensive to administer provision ,,,but avoid meddling . ITs his money ...and he could leave it elsewhere !

ITs hard to manage from the grave ...but some folks can do a pretty good job to tie things up ...that are a mess to unwrap, if at all.
 

not2cleverRed

Obvious Observer
I currently live in CT and my fiance has 3 children from a prior marriage who are in their teens. I do not have any children and my father drafted a Trust in name to be transferred when he passes. I am the beneficiary since I'm his only son. He is worried about having to change his will when I get married (In case there is something that happens to me before he dies) He is 89 years old keep in mind. I'm assuming that as long as there's some sort of language in his will that pertains to something like "in the event of my son's passing before I pass, my belongings will go to xxxx"

What happens when we get married and I were to pass several years from now - I do not have a will in place so everything passes to my fiance, correct? Just trying to appease my father so that he does not remove me from the will entirely if I get married, since he's worried about anything transferring to my fiance's children.
How about you write a will to appease your Dad?

In fact, your fiancé should have a will too, especially because there are children involved.
 

Ohiogal

Queen Bee
I currently live in CT and my fiance has 3 children from a prior marriage who are in their teens. I do not have any children and my father drafted a Trust in name to be transferred when he passes. I am the beneficiary since I'm his only son. He is worried about having to change his will when I get married (In case there is something that happens to me before he dies) He is 89 years old keep in mind. I'm assuming that as long as there's some sort of language in his will that pertains to something like "in the event of my son's passing before I pass, my belongings will go to xxxx"

What happens when we get married and I were to pass several years from now - I do not have a will in place so everything passes to my fiance, correct? Just trying to appease my father so that he does not remove me from the will entirely if I get married, since he's worried about anything transferring to my fiance's children.
Nothing goes to your fiancé. Some things may go intestate to a spouse or your children. But that is not known at this point.
 

not2cleverRed

Obvious Observer
Nothing goes to your fiancé. Some things may go intestate to a spouse or your children. But that is not known at this point.
OP explicitly states the concern is the consequences of deaths after the marriage.

OP has expressed no concern about the consequences of anyone dying before the marriage.

Dad doesn't feel warm and fuzzy about his future step-grandkids. Dad can write up his will and set up a trust such that if OP predeceases him, OP's share goes elsewhere. However, if Dad predeceases OP, it's a little harder to limit what OP can do with any inheritance.

Because there are children involved, OP and fiancé should have wills as soon as they marry. The fiancé should make sure that the kids are taken care of.
 

HRZ

Senior Member
Dad may not feel warm and fuzzy about his future daughter in law or he may not feel warm and fuzzy about his sons brain power either ..all of which we don't know.

But we do know he can leave it all to his favorite charity if son annoys Dad or structure it so it pays out in drips and then disappears --almost anything he wants short of violation of public policy.
 

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