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Old 05-14-2017, 09:18 AM   #41
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Originally Posted by pb4uski View Post
For all you know, her 1/3 share might be multi-millions of $.... or perhaps it is a second marriage and she is independently wealthly to begin with so 1/3 is fine with her.

OP has been clear that DW is on-board and will have plenty of money... why not accept the OP's assertion rather than stick your nose where it doesn't belong? Fine to mention that she is entitled to 50% under state law but no need to keep banging that drum.

The ideas in your first paragraph ignore the wife's legal rights. Sorry, but she's still entitled to a statutory share, even if the couple (or she alone) is rich and even if she's a second (or fifth) wife, unless she waives part or all of her statutory share in writing before or after her husband dies. Even if she "will have plenty of money," as you put it, she has rights.

The OP says there is no will or trust, so I think it's a safe bet that there is no written waiver, either.

People who don't like laws that conflict with their own ideas about what's appropriate sometimes ignore those laws and create bigger problems down the line. I'm not saying the OP fits in that category. On the contrary, it seems like he wants to do the right thing, as he asked whether he should see a CPA or a lawyer. The correct answer is that he and his wife should see a lawyer, who will advise her of her rights and then (if she is willing to waive her rights) will document her waiver to preclude a dispute after the OP passes.

I have no hesitation about advising consultation with a lawyer when someone has a legal issue that needs attention. That's all I intend to say about this topic. Over and out.
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Old 05-14-2017, 09:48 AM   #42
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Originally Posted by 1-31-18 View Post
....That's all I intend to say about this topic. Over and out.
Praise the Lord. You are totally off-base.

I did not ignore that the wife might be entitled to 50% under state law.... but the OP has indicated that she has decided (for whatever reasons, wise or unwise, informed or ignorant, coerced or not) to waive her right to 50% and accept 33%. It may well be that in the OP's specific facts and circumstances that his DW has concluded that 50% is not equitable and 33% is. Again, we don't know.

You presume that she has been coerced or somehow taken advantage of... that may be the case...we don't know... there could be good reasons.

I know plenty of happily-second marriage couples who keep their finances separate and one party would be perfectly fine with 33% (or even 0%), even though they state law entitles them to 50%.

It seems that in this thread that the only ones who are so intent on the wife claiming 50% she is entitled to are the bloody lawyers.
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Old 05-14-2017, 10:08 AM   #43
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Just weighing in here... I never presumed that anyone was being coerced. And as someone who is on the brink of a second marriage...I have agreed verbally to a less than 50 percent split . But my SO and I are aware that we have to put all this in writing. Nothing I agree to verbally or in writing can supercede the state law. Waiving my rights has to be done in a particular way, or it won't stick. Also, I am negotiating other benefits lieu of the waived rights. Those will be in writing, in appropriate form, recorded where necessary to o stand up I'm court. There are grown children in the mix with large issues and I need protection. As does he.
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