The house is in his name. He doesn't have a life insurance policy or 401k or any real assets to speak of. He's divorced and pays child-support for his three children and we won't be having children together.
What happens to my children and me if he should die?
2006-10-11 10:38:21 · 7 answers · asked by moniquebell 3 in Business & Finance ➔ Personal Finance
It will all go to his next of kin. Which in this case is his 3 kids. If you want to be secure get him to make a will. Getting married won't necessarily mean you will get much.
2006-10-11 10:47:58 · answer #1 · answered by Philip W 7 · 0⤊ 0⤋
Does he have a will? If not, you help him get one. That's the short and simple. Otherwise there are too many ifs to address. For example, depending upon your state (of residence) laws, you might legally be a wife - without a marriage certificate - if the two of you were together a certain number of years, and it does not matter that you are not vested on the property you would still be entitled to half
BUT
even so, you can count on a lawsuit by the exwife and children which means in the end nobody but the attorneys get money.
Please consider your children and insist your partner get a will, or find another partner with a genuine concern for your family's welfare should he pass. Sleep on the couch as long as it takes to break him.
2006-10-11 18:33:10 · answer #2 · answered by smc4ero 1 · 0⤊ 0⤋
If your partner has a valid will, whoever he has left the house to gets it. If your partner dies without a will, the house and his other assets likely would go to HIS children (at least that's how it works under most states' intestate laws).
How long you and your children could stay in the house likely would be governed by landlord/tenant law. Most likely, you could be evicted upon 30-days notice.
2006-10-11 17:48:07 · answer #3 · answered by kady1863 1 · 0⤊ 0⤋
In the eyes of the law, his children will be viewed as his next of kin and they will inherit everything. Protect yourself and get a will drawn and have some life insurance for the both of you (have each of you as the beneficiaries) to cover funeral expenses. In the long run if you are both commited to eachother, why not just get married?
2006-10-11 17:48:54 · answer #4 · answered by lynnguys 6 · 0⤊ 0⤋
If he should die, you and your children will be on your own. If he has three children from a legal marriage, his estate goes to them. Period. End of discussion.
If he wants to protect you, and your children, and his legal children, then he must write a will that says precisely how he wants his estate to be divided. If he wants to make you a beneficiary, but not your children, he can do that as well. But if he does nothing, the children of his legal marriage get the works. If he wants to make his legal children and your children (to whom he acts as surrogate father, presumably) joint beneficiaries, he can do that. If he wants to leave his whole estate to support the home for moulting canaries, he can do that as well. But unless he makes his wishes known, the law has no recourse but to devolve his estate upon his legal heirs.
Better give him a nudge to either marry you or write a will.
2006-10-11 17:49:26 · answer #5 · answered by old lady 7 · 0⤊ 0⤋
You get NOTHING, unless he has a will. By the laws of intestacy (depending on your state), his kids would get everything including the house. I do not know if your state has "common law marriage" - most don't. Either get married or have him make a will!!
2006-10-11 17:42:57 · answer #6 · answered by ? 4 · 2⤊ 0⤋
unless his will says they get anything, they will get nothing. duh. you better get your $h!t in order, honey.
2006-10-11 17:46:05 · answer #7 · answered by Anonymous · 0⤊ 0⤋