What to do about our Will if we have been married for 20 years with children from previous marriages who are all adults now?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do about our Will if we have been married for 20 years with children from previous marriages who are all adults now?

I had 3 children and she has 2 children from those previous marriages. Is it OK to file a Will like we were married to one another for the first time and had 5 children? We want everything to be divided equal among the 5 in the event of our death.

Asked on October 21, 2012 under Estate Planning, Missouri

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You can put in to your Will anything that you like as a married couple and divide it as you see fit.  But you need to keep in mind that if one of you passes first and the other inherits all they can then choose to divide the remaining estate as they see fit - meaning they do not have to give anything to anyone in particular.  So you might consider a different type of estate planning such as a trust.  Speak with an attorney in your area.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption