What to do about our Will if we have been married for 20 years with children from previous marriages who are all adults now?
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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 12 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.
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