[lyrical]

As a widow with four grown children ages 23-33, I married a single divorced man six years ago who has no children.

His single older (never married/no kids) brother is concerned that when he dies - if my husband then dies before I do - that my four children and I will get the inheritance he intended for his brother.

He wants his inheritance to go to my husband or his remaining biological family (a biological grown niece and her brother; an adopted nephew as well as their three kids). How can this be accomplished?

Plus, if I were to die before my husband, would he then have to pay my children to live in his own house? Is the house even considered mine too?

I sold my debt-free home when we married and have lived in his since then. He has never added my name to the deed nor allowed me to pay any of the house notes. There is no pre-nuptual.

Is it even possible that half of the house is considered mine and would become my children's when I die? What is half mine anyway?

[stevetcg]

Your husband is still alive right?

All he does is make a will detailing what happens to what assets and that is that. You should also make a will.

Many states, the surviving spouse gets all or most assets if there is no will. Depending on where you live, you may also be entitled to a percent of all family assets regardless of the will.

Your best bet is to speak to a lawyer and have him draw up the legal paperwork deciding exactly what happens in the event of either of your demise.

[lyrical]

Thanks! We live in LA; the home is in his name & he ha made every payment so do I even have any entitlement regarding it at all - dead, alive or divorced? Would my kids?

[stevetcg]

If he wants you to you do. Otherwise, I believe CA is not a community property state, so not automatically.

[flashsbaby]

Ca. is a community property state.

[asking]

If he owned the house free and clear before you married, I believe it is his house alone. However, you are married, so unless he specifies otherwise, I think it would go to you if he died. If he has been making payments on it WHILE you have been married, then you own half of the equity in the house established since the marriage--I think. You should check with a lawyer.

What did you do with the money you got from selling your house? If you put it into a separate account in your name only before you married, it is yours alone. If you have co-mingled it with his assets, then it may belong to both of you. Again, I would consult an estate planning attorney.

[cdad]

The both of you should seek out a lawyer and start a living trust. That way you both can reassure the other what's going to happen after the other passes. The other thing is you can put in provisions that state should he go first then you are to live rent free except for maintenance to the home till you live out your years. That way no worries.

Im also thinking LA means Louisiana.