What can I do if I have investments and a house and don’t want my new husband to inherit what is my children’s?

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What can I do if I have investments and a house and don’t want my new husband to inherit what is my children’s?

I have 3 children from a previous marriage.

Asked on January 12, 2012 under Estate Planning, New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You ned to go and seek help from an attorney in your area or an estate planner.  As it appears that you are already married, you should enter in to an ante-nuptial agreement having him waive his rights to the property and investments.  If he will not do that, then you need to make sure that the house and investments remain "separate property" and that ther eis no intent to make it marital property.  But the reason that you need to seek legal help besides is that a portion of your estate will go to your husband automatically upon your death if there is no Will.  And if there is a Will and you do not leave him enough that is required under the law, your state may allow him to "elect" against the Will to get his share.  Good luck.


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