My husband and I do not have a will. We have 5 children, ages 35 -19. The oldest two are from my husband's first marriage. He assumes if he dies first, all things go to me, but I believe his children from his first marriage also have a claim. How does this work?

For this reason it is always better to have wills drawn up. Each state has its own laws so some of this will depend on that. But in general the spouse will get a certain percentage and the children will get a certain percentage divided equally between them. This is after of course all his debts have been paid off.

Quote:

---

Originally Posted by carole1977

My husband and I do not have a will. We have 5 children, ages 35 -19. The oldest two are from my husband's first marriage. He assumes if he dies first, all things go to me, but I believe his children from his first marriage also have a claim. How does this work?

---

Without a Will it is an incorrect assumption that all goes to you - "usually" the wife gets a percentage with the balance split between/among the surviving natural children.

What State?

The state is vitally important. If you are in Louisiana, the spouse is the very last in line for getting anything, after kids, grandkids, and nieces/nephews. Most other states aren't that bad But you are best off drawing up a will so that things go the way you want.

In some states his children will get a share ( and it also depends on how property is titled or named) But in the same issue you realise this, so go and get a will.

You might want to try this link to help with getting an answer.

MyStateWill.com : Intestacy Calculators show what happens without a will