Mar 18, 2011

Wills and Children from prior marriages

  Will being signed.jpgDear Liza: I am writing my first Will. I have two children with my current husband. He has one surviving child from his first marriage. I don't want her to receive anything if my husband dies before I do, I just want my two kids to inherit what I leave behind. I am not sure what to do? I think that the best thing to do in a situation like this is for your Will to be super clear. Name your children with your husband. State that he has a daughter from his previous marriage. Then make sure that your Will says that you have not adopted this child, do not have a parent/child relationship with her and that she is not to be considered a child for purposes of your Will, but that this term should only apply to your two, mutual children. Better to say this in the Will itself and not rely on anything separate from it, since things like that can get lost. If you are using software to do this Will, only list your two children. Usually you can add a new paragraph on your own, somewhere, to acknowledge this unadopted step-daughter and clarify your wishes with respect to her. If the software won't let you do this, see a lawyer who can draft just what you need.