Hes out of touch and has changed his last name.He is my husband first born son from his first marriage. We together have a son and daughter.
2007-01-20 03:32:45 · 12 answers · asked by daisy 1 in Politics & Government ➔ Law & Ethics
If you die intestate. Which means with no will. The state will take over and yes your stepson is entitled to the estate equally just like the other children.
2007-01-20 03:46:33 · answer #1 · answered by Enigma 6 · 1⤊ 1⤋
The general rule is:
If a spouse survives, the estate goes to the spouse.
If no spouse survives, the estate is divided amongst the remaining children. So if you die first, then your husband, after his death the estate would be divided amongst all his children, including your step-son. However, if he dies, then you, the estate will be divided amongst your natural childen, excluding the step-son.
It's a very bad idea NOT to make a will - you should do this even if you only use a standard will kit (a few dollars) from Office Max.
2007-01-20 11:58:11 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Yes and no. Not many people understand this one. Most of your accounts have provisions as to who they transfer to after your death. This includes, Bank accounts, retirement accounts, and Life insurance. These are entirely independent of a will.
The items that are usually in question are the personal items and furnature, and the house. If you die without a will, the state has rules as to what the pecking order among your survivers will be. The biggest item you have to worry about is your house, asuming you own one.
A simple will is cheap, covers only the personal items and the house, and there is no reason not to have one.
-Dio
2007-01-20 11:52:43 · answer #3 · answered by diogenese19348 6 · 0⤊ 0⤋
Yes. He is the oldest son of your husband. You don't have to have a will. Make the people you and your spouse want the beneficiaries of your insurance and put them as survivors on your bank accounts etc. If you aren't sure you have it all covered, there are "simple" wills you can have drawn up without a great deal of cost. Another way is to put the house and property in your children's names. Hope this is helpful.
2007-01-20 12:00:54 · answer #4 · answered by gigglings 7 · 0⤊ 0⤋
If hubby doesn't have a will, then yes, his son is entitled to receive a portion of the estate. So why doesn't he (and you) write one?
2007-01-20 14:30:04 · answer #5 · answered by kp 7 · 0⤊ 0⤋
It depends who dies first. If hubby dies first and everything passes to you, then the stepson doesn't get a look in. If you die first and everything passes to hubby, then eventually all three of his children will be entitled to the proceeds of his estate. Make wills!!! Both of you!!!
2007-01-20 11:44:47 · answer #6 · answered by Doethineb 7 · 2⤊ 0⤋
You should meet with an estate planning attorney. Your step-son deserves his equal share of the inheritance regardless to how you feel he acts or if he changed his name.
2007-01-20 12:53:25 · answer #7 · answered by CJ 3 · 0⤊ 0⤋
Legally yes, if he fought anything he might very well have some rights to some property. I would strongly suggest get a will. But if you owned like a house at the very least leave it in trust to your children.
2007-01-20 11:42:05 · answer #8 · answered by GRUMPY 7 · 0⤊ 1⤋
Yes he is still a son, if he would go to court to fight the other kids he would be entitled to a third of what you have.
2007-01-20 11:41:00 · answer #9 · answered by Granny 1 7 · 0⤊ 1⤋
If you are in need of a Will, please check out the site below and watch the online movie presentation. With this service you can get 2 FREE Wills, you and your spouse. Hope this helps.
2007-01-20 13:08:53 · answer #10 · answered by citronge69 4 · 0⤊ 1⤋