Perhaps this subject has been touched on and I'm repeating it, but I wonder how many people in second or multiple marriages understand what happens if they or their mate dies without a will.
I heard of a widow who had to sell her own house because her mates children wanted their share of equity in the house. I would imagine the laws are different from state to state. Also, If a husband receives heirlooms from his family, and he dies in old age, does his new wife and her children get the heirlooms automatically, without a will?
I suppose these situations can cause many heartaches for the parties involved. In addition, I would think that some of these subjects are not easy and open for discussion between members of multiple marriages without shared biological children.
My brother received most of the antiques from my parents (I live far away). He will die before his wife, unless there's an unforseen accident. Do my brother's children have a right to any of their grandparents furniture if it's not stipulated in a will?
Bump for those who haven't seen.
I was hoping someone else would jump in on this one. It really is a sticky wicket. You are right that it depends on which state you are in and community property states are especially difficult to plan for this kind of distribution. I do not practice in a community property state. One thing I suggest to everyone getting married for a second, or third.. time is that they have a pre-nuptial agreement, especially if they have children. Everyone getting married expects to be married forever, but it doesn't always work out that way. The best thing about a pre-nuptial agreement is it sets out who has what at the beginning. It is a great way to document inherited property. So even if you stayed married until your spouse died, the pre-nupt could document what you owned before you got married and that would be considered non-marital property in most states. For those who are married and didn't write a pre-nupt....it is best to have a candid discussion with your spouse and write wills that will protect your children, especially if you are in a sitution of his, hers and ours. As with all other complicated questions, please consult an attorney in your state for specific questions.