'My husband has two daughters from a previous marriage — I’m afraid our son won’t get his rightful inheritance.'
My husband has two daughters from a previous marriage — we all get along quite well, and my husband has a wonderful relationship with both girls. After we got married I arranged for us to meet with an attorney to have our trust set up. I wanted to ensure we were planning appropriately in the event anything should happen to us.
We are revisiting the trust and it’s become a bit more complicated. I think it makes sense for my husband’s daughters to receive the property they grew up in. However, I want to ensure that everything is fair and inclusive of my son as well. I think my husband is also concerned that if we both die my son would receive my share of the trust as well as one-third of my husband’s portion of the trust. I think this is completely fair, but I am not sure my husband agrees.
But you’re wise to set up a trust for all three children and have this conversation about who gets what now. Not all spouses honor their wife/husband’s wishes after they’re gone. In most jurisdictions, a couple can enter into a contract not to change their respective wills, should they wish to leave their own children more or ensure that each child and stepchild receives an equal amount. Without a will, the state’s laws take precedence and typically stepchildren get nothing.
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