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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?

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There are many variables that decide who gets what.

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.
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LB, I am so sorry for your loss.

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.
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Midkid58 Sep 2021
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.
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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.
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lblifelong Sep 2021
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
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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.
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I agree. Rarely do the steps inherit, unless it was DH's wish.

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.
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lblifelong Sep 2021
So If I would have died first, it would be the reverse to include my 2 children and not the other two? That's crazy it seems.
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usually stepchildren do not receive anything unless the decease spouse leaves them something specific.
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lblifelong Sep 2021
Thanks for your help.
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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.
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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.
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lblifelong Sep 2021
It cost $80.00 every time the law advises and I have barely any life insurance to help. I mean minimal.
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Spouse gets 50%, bio or legally adopted kids split the other 50%. Stepkids get nothing.
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The best answer to this is get an attorney to find out what your rights are in your state. Prayers.
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