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To: Caipirabob

She wanted to protect her inheritance for her child. If this was a first marriage, I would agree, but with a second marriage you do owe something to protect and provide for your child, just in case you were blinded by lust, oops, I mean love.

They could also be protected by your will, but...


5 posted on 09/18/2005 3:27:57 AM PDT by KeyWest
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To: KeyWest
Ah, but it never said it was her second marriage, it merely described her as a single mom.
75 posted on 09/18/2005 6:58:33 AM PDT by YourAdHere (Casey hero. Sheehan zero.)
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To: KeyWest
She wanted to protect her inheritance for her child. If this was a first marriage, I would agree, but with a second marriage you do owe something to protect and provide for your child, just in case you were blinded by lust, oops, I mean love.

Amen

77 posted on 09/18/2005 7:03:47 AM PDT by Nov3 ("This is the best election night in history." --DNC chair Terry McAuliffe Nov. 2,2004 8p.m.)
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To: KeyWest
"They could also be protected by your will, but..."

WRONG!!!!! Second wives trump first children. Theres such a thing called the spousal elective share. A spouse can elect to take against the will. For example: H has two kids by 1st marriage. Marries W2. H has a family business he wants to leave to his children. H makes small bequest to W2 with bulk of assets to children. H dies. W2 can elect to take 1/3 of the estate, even if H writes in the will that he is making no provision for W2 and wante EVERYTHING to go to children. Unless there is sufficient cash in the estate to pay W2 her 1/3 share, the business has to be sold to pay her off. You can put everything in an irrevocable trust, but I would recommend getting a waiver of the elective share from spouse with some consideration paid to spouse.

455 posted on 09/20/2005 8:54:36 AM PDT by RayBob (If guns kill people, can I blame misspelled words on my keyboard?)
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To: KeyWest

Most if not all states have a widows/widowers share. It was created so that husbands could not "cut out" a wife and leave her peniless. (back in the day when divorce was harder to obtain. The practice was akin to make me miserable in life so in my death I will make you miserable)

A will alone will not work.

Some states even have requirements for MINOR's shares.

It DOES point out that this is an issue for those with children of previous marriages.

(then again what would the alternative lifestyle crowd of the SunSentinal know about children.)

BTW if the name defines your location, stay safe.


460 posted on 09/20/2005 9:38:01 AM PDT by longtermmemmory (VOTE!)
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