Step children and wills

[Surewhitey]

So I have a DSD who is my only daughter. In the event that her mother and I die in an accident, who would be in line for my half of assets if there is not a will/trust? Just curious of what the collective says.

This is my first marriage and I have 3 siblings...
Thanks!

 

[kgtest]

Probate. Anything that isn't in writing, so in my interpretation...who knows?

 

[tmm99]

You're married to a woman who has a daughter? If you and your wife died, wouldn't all the money (your money and your wife's money) go to your stepdaughter (without a will or beneficiaries set up)?

I have set up other beneficiaries (not my stepdaughters) for certain accounts I own (401K and IRA) in case we (DH and I both) die at the same time.

 

[Surewhitey]

You're married to a woman who has a daughter? If you and your wife died, wouldn't all the money (your money and your wife's money) go to your stepdaughter (without a will or beneficiaries set up)?

I have set up other beneficiaries (not my stepdaughters) for certain accounts I own (401K and IRA) in case we (DH and I both) die at the same time.

Yes, my step-daughter...

Yeah, the IRA's & 401ks have a secondary beneficiary, just not in our banking & post-tax trading account.

I've heard that since she isn't my blood daughter, this may be a question that involves surviving siblings...

 

[retire-early]

If you die without a will, the laws of Texas determines who gets what.

https://www.fordbergner.com/blog/2009/07/dying-without-a-will-in-texas-what-happens/

 

[eeyore]

If you did not adopt her, then she is no relation.
If she is a minor, there might be an obligation.

If the time of death of your wife is determined to be AFTER you, then DW inherits and the daughter after her.


Why take chances ? Write a will NOW

 

[Surewhitey]

Yeah, we have one for California. We're just needing to update it for Texas. Long overdue.

 

[Aerides]

I would imagine the specifics vary somewhat by state, and by the actual relationship with your DSD (if you formally adopted her, if she was a minor when you married?) but these are questions for an estate attorney...who is going to suggest you both make wills.

 

[Amethyst]

When we got married, one of the first things we did was make/have recorded our wills. Why leave anything in doubt?

Over the years, we made changes as needed, even providing for our cats when we had them.

 

[cathy63]

So I have a DSD who is my only daughter. In the event that her mother and I die in an accident, who would be in line for my half of assets if there is not a will/trust? Just curious of what the collective says.

This is my first marriage and I have 3 siblings...
Thanks!

Yeah, we have one for California. We're just needing to update it for Texas. Long overdue.

Since you have a will, even though it's from a different state, the answer to your question is that your estate will be divided according to the provisions of your will. It might be a little messier, take a little longer, and cost a litle more than if the will had been written and signed in Texas, but ultimately it would prevail. If you plan to die while a resident of Texas, get it updated so it's easier on your heirs.

 

[Chuckanut]

So I have a DSD who is my only daughter. In the event that her mother and I die in an accident, who would be in line for my half of assets if there is not a will/trust? Just curious of what the collective says.

This is my first marriage and I have 3 siblings...
Thanks!

What Cathy said.

[-]The state you live in has a will already made out for you if you don't make your own. I suggest you lookup what the will says. It may surprise you. Badly.[/-]