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I know I am entitled to 50% and the two children that are my deceased spouses are entitled but are my children (the two stepchildren) also to be included?
And let the steps KNOW that they are included. I've seen families torn to pieces over small estates, simply b/c they felt 'entitled'. Make your own will, include the 'steps' and tell them about it.
If they choose to be hurt about your DH's lack of a will, that's going to have to be something they deal with.
My mom's will has the 5 remaining sibs inheriting inequally and 3 of us kn know it. The 'favorites' get more. I actually was BILLED by mother for goodness knows what--$1500 to be paid to her estate before the will is enforced. The YB who took her in and has cared for her (unpaid) for 23 years was billed $6000.
These handwritten, un-notarized 'bills' are not legal and so my YB who is FPOA simply destroyed them. (after a brief discussion with her attorney).
YB doesn't know about it, and it will stay that way.
I agree (legally) with the responses from Midkid58 and Guestshopadmin. But I have to wonder what your husband would have wanted. Were your children very young when you two married or were they older? Did he raise them as his own? What is the relationship with his bio children? I have 2 step children and I can not imagine not including them in my Will. I have known them over 40 years and I think of them as my kids. But emotion aside, legally you and his children inherit.
He was very close to his step children, closer than his own. We were married for 25 years and I am very close to his children. I would not deny them their due. He would definitely wanted to include them but I think that is beside the point now. Sad
In TN, where I live, the minimum the spouse is entitled to (even if there's a will) is a share equal to his living children or children who died with issue, plus a year's living expenses and the general household contents (furniture, dinnerware, decorations, etc). So a wife with 2 step-children would be entitled to 1/3 of the dividable estate after the household contents and a year's expenses were deducted. The widow/widower also has the first choice among any items to be divided. Step-children while not considered in the step-parent's estate would eventually inherit from the portion their parent inherited.
"dividable estate" is non-titled stuff without her name on the deed. For example, many married people have their deeds as "jointed tenant in the entirety" which means the titled property is immediately owned by the survivor and is not considered to be in any estate. Many financial joint accounts may also be set up so the survivor immediately inherits and are not subject to be included in an estate.
You can contact your local Area Agency on Aging for a reference to an attorney who would provide you with information about how the law in your state is written for a free or a very reasonable fee.
No, steps are not included because they are not related. I know in my state the spouse gets 75% and the children 25% between them. I can't find how the estate would be split.
I know children that have given up their share because the surviving spouse needs the money or house more than they do. Maybe his children will do this for you. Then you can have a Will drawn up that all the children inherit.
Not usually unless he adopted them, but consult an attorney in your state familiar with an intestate death and probate, depending on the size of estate and type of assets. State law usually refers to “children of the body” as well as spouse. Not usually steps.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
Like, any account you are joint account holder, that is now all yours.
Anything that had a named beneficiary or a POD designation belongs to the named individual(s).
Depending on what his assets are worth, you may not even have to file probate.
Please, go to your states attorney general website and read the statutes for death without a will.
They are usually pretty simple to read and understand.
I am sorry for your loss. May you receive wisdom, guidance and grieving mercies from The Lord.
I guess your husband didn't understand that if he wanted YOUR kids to inherit, he needed to make a will.
Now that you know the facts, make sure that you include your steps in your own end of life documents.
If they choose to be hurt about your DH's lack of a will, that's going to have to be something they deal with.
My mom's will has the 5 remaining sibs inheriting inequally and 3 of us kn know it. The 'favorites' get more. I actually was BILLED by mother for goodness knows what--$1500 to be paid to her estate before the will is enforced. The YB who took her in and has cared for her (unpaid) for 23 years was billed $6000.
These handwritten, un-notarized 'bills' are not legal and so my YB who is FPOA simply destroyed them. (after a brief discussion with her attorney).
YB doesn't know about it, and it will stay that way.
But I have to wonder what your husband would have wanted.
Were your children very young when you two married or were they older? Did he raise them as his own? What is the relationship with his bio children?
I have 2 step children and I can not imagine not including them in my Will. I have known them over 40 years and I think of them as my kids.
But emotion aside, legally you and his children inherit.
"dividable estate" is non-titled stuff without her name on the deed. For example, many married people have their deeds as "jointed tenant in the entirety" which means the titled property is immediately owned by the survivor and is not considered to be in any estate. Many financial joint accounts may also be set up so the survivor immediately inherits and are not subject to be included in an estate.
You can contact your local Area Agency on Aging for a reference to an attorney who would provide you with information about how the law in your state is written for a free or a very reasonable fee.
Actually, depending on how drew up his will, he could have left everything to you (that's pretty standard) and also to your 2 kids.
Without a will, you are subject to the law, which it seems you are familiar with.
I know children that have given up their share because the surviving spouse needs the money or house more than they do. Maybe his children will do this for you. Then you can have a Will drawn up that all the children inherit.
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