I have 2 children from a previous marriage and my husband has 1 child age 3 that he does not see. We are fixing to have a will made. My children are the beneficiaries on everything. We are planning to leave his child something but we are wondering as his only child can she come in there legally and get a part of anything more than we designate?
The short answer to your question is "maybe". But let's look at some more detail.
First of all, you say that your children are beneficiaries on everything, perhaps your husband should be primary beneficiary of your will and you of his. While a trust might be an ideal way to leave assets to each other, you have to carefully weigh whether the costs of creating a trust are worthwhile. A trust, if not to costly or complex for you, could assure that your husband would have access to your assets if you die first, and on his death all would go back to your children.
As for as his child, think long and hard about disinheriting that child. Its a harsh measure. What are the reasons that he doesn't see the child? If its not the child's fault, perhaps things may change. If they do change then it would be painful to disinherit the child. If the wills are clearly drawn stating what the child should inherit that should generally be respected. If you don't have a will the child will be entitled to inherit whatever state law provides. That being said if your husband has an obligation to support the child he may also have an obligation to provide for some insurance or death benefit as well. If your husband's child is from a previous marriage and he is divorce, carefully review that divorce agreement to see if there are any obligations that he had. If that is the reason he does not see the child, you might want to leave the money to a trust for his child, rather than direct to the child to prevent his ex-spouse from obtaining control over the money.
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