If my husband has 2 adult children by a previous marriage, if he should die before I do can they sue me for a share of the property?

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If my husband has 2 adult children by a previous marriage, if he should die before I do can they sue me for a share of the property?

Both our names are on the house and vehicles, but we have our own IRAs and 401Ks (not very much in them).

Asked on July 26, 2011 Missouri

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It all depends upon whether you current husband has a Will or Trust specifically naming his prior children in the documents and you are named as getting all he has. If that happens, you should inherit the entirety of your husband's estate to the exclusion of his two adult children from a previous marriage.

If the state that you live in is a community property state, your husband can only give away one-half (1/2) of his interest in the community property of your marriage and all of his separate property if he desires.

If your home is in joint tenancy and your husband dies before you do, you would take title to the home by operation of law because you survived him if only your or his names are on it.

Potentially the two adult children from a previous marriage can contest the Will or the Trust of your husband if he passes before you claiming a share of his estate. Perhaps consulting with a good estate planning attorney would be good for you and your husband at this point?

Good luck.


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