[1Tommy4]

My mother 87 married a 2nd time. She has been married for 5 years,if her husband dies first ,are his children entitled to any inheritance ? His will gives everything to his children and my mothers will gives everything to her children.

[smoothy]

As it should be... his assets as well as her assets before the marriage are their own... not community property and they can give any part of it... or all of it to whomever they want.


Even if it cuts out the kids altogether.

[ScottGem]

If there are wills, then the wills govern. Only if one dies intestate do laws of inheritance come into play.

Assuming the wills were drawn by attorneys who know the law, then there is no issue.

[joypulv]

But if her will leaves everything to him if he survives her, and his will leaves everything to his children... you get nothing when he dies.
Some people set a minimum time for inheriting by surviving the other, so that if they die almost at the same time, such as in an accident, there is no confusion.

[ScottGem]

In reviewing this I see some problems and they might want to revise their wills. If they do not own their home jointly or with right of survivorship, then, if he dies first, his children will own all or half the home she lives in and can force her out. If the two wills leave everything to their natural children, "everything" needs to be defined or there could be issues.

Another example is lets say they have 2 cars, but both are in his name, but she drives one. He dies and his children get both cars leaving your mom without transportation. If the wills are not specific about what property is being bequested, then there will be complications in determining what was his and what is hers.

[ebaines]

Another thing to consider is that not everything is controlled by what the will says, but rather passes to heirs base on named benficiaries. Retirement accounts have special rules to protect spousess - if either of them has an IRA account then by law the spouse is entitled to at least a 50% share unless a waiver has been signed. So even if the mother has listed her children as beneficiaries of her IRA and her will says "everything to my kids" by law 50% of her IRA will go to the husband if she dies first (again, unless he has signed a waiver). And of course any joint accounts go to the surviving joint owner, again regardless of what the will says.

[ScottGem]

Retirement accounts have special rules to protect spousess - if either of them has an IRA account then by law the spouse is entitled to at least a 50% share unless a waiver has been signed.

Curious about this one. If someone has an IRA that was founded prior to a re-marriage, would the new spouse automatically get an interest in those accounts?

In this case, we have a woman re-marrying at 82, would the husband automatically become a beneficiary of her retirement accounts and vice versa?

[AK lawyer]

my mother 87 married a 2nd time. she has been married for 5 years,if her husband dies first ,are his children entitled to any inheritance ? his will gives everything to his children and my mothers will gives everything to her children.

If, as you say, the will of each gives everything to that spouse's respective children, that seems to answer your question; the step-children get nothing from their step-parent. Also, whichever spouse survives gets nothing from the estate of the one who dies first. Some states, however provide for a widow/ widower allowance or elective share. Ohio has this:

"2103.02 Dower.
A spouse who has not relinquished or been barred from it shall be endowed of an estate for life in one third of the real property of which the consort was seized as an estate of inheritance at any time during the marriage. Such dower interest shall terminate upon the death of the consort except:

(A) To the extent that any such real property was conveyed by the deceased consort during the marriage, the surviving spouse not having relinquished or been barred from dower therein;

(B) To the extent that any such real property during the marriage was encumbered by the deceased consort by mortgage, judgment, lien, except tax lien, or otherwise or aliened by involuntary sale, the surviving spouse not having relinquished or been barred from dower therein. If such real property was encumbered or aliened prior to decease, the dower interest of the surviving spouse therein shall be computed on the basis of the amount of the encumbrance at the time of the death of such consort or at the time of such alienation, but not upon an amount exceeding the sale price of such property.

In lieu of such dower interest which terminates pursuant to this section, a surviving spouse shall be entitled to the distributive share provided by section 2105.06 of the Revised Code."

You didn't specify whether these wills were written before or after they got married. If they were written before, it would be a very good idea to consult with an estate planning attorney to determine if any changes should be made.