Dividing an estate after death step families
6 answers /
Last post: 12/08/2022 at 11:21 am
My husband and I have been married before. He has an adult child and I have two adult children. We have no children together. We bought our home 50\50, we are joint tenant in common. So if one us dies, our 50% share will transfer to our biological child/children from our former relationships. My husband and I have made financial provision for each other and our own children too. We will all be financially ok. Our wills were done via a solicitor. The problem is, one of my children and some of my family say it’s unfair that my two children will only get 50% between them from our marital home, whereas my stepchild will get 50%. I’ve explained my husband and I have invested the same amount of money each when buying our home, so therefore, it is fair - 50/50, but they say it should be 33.3% each. Thoughts?
I'm assuming you're "Tenants in Common" rather than Joint Tenants?
If so, then the way you've split the property is up to you. Whether or not you think it's fair is also up to you.
However, if you were to want the estate to be split equally between all your children you may find you need to alter the Tenancy in Common agreement to make you owner of 66.6% of it. How would your husband feel about that?
I'm assuming you're "Tenants in Common" rather than Joint Tenants?
If so, then the way you've split the property is up to you. Whether or not you think it's fair is also up to you.
However, if you were to want the estate to be split equally between all your children you may find you need to alter the Tenancy in Common agreement to make you owner of 66.6% of it. How would your husband feel about that?
Thank you. Sorry, my mistake it’s tenants in common, not joint.
My husband and I were together a long time before we sold our homes, married and bought one together. We thought long and hard about financial affairs along with legal advice. We thought it was the fairest way of dividing our home 50/50.
Financial provision for my adult children is far greater than what my husband has done for his child, as I started policies when they were babies.
Furthermore, my children will inherit from their father and grandparents, quite substantial amounts, so I feel this one child is being a little greedy.
I haven’t discussed it with my husband as I know he would be hurt. Yet, I love my child who is making the fuss.
I think I’m right and just wanted to know if others think similarly and whether I should leave matters to quietly die down. I don’t want a falling out because as a family, we all get on so well. Thank you.
Thank you. Sorry, my mistake it’s tenants in common, not joint.
My husband and I were together a long time before we sold our homes, married and bought one together. We thought long and hard about financial affairs along with legal advice. We thought it was the fairest way of dividing our home 50/50.
Financial provision for my adult children is far greater than what my husband has done for his child, as I started policies when they were babies.
Furthermore, my children will inherit from their father and grandparents, quite substantial amounts, so I feel this one child is being a little greedy.
I haven’t discussed it with my husband as I know he would be hurt. Yet, I love my child who is making the fuss.
I think I’m right and just wanted to know if others think similarly and whether I should leave matters to quietly die down. I don’t want a falling out because as a family, we all get on so well. Thank you.
You're quite rightly sharing your estate. That's 50%. I think that I would be blunt and simply state that this is what's yours to bequeath and be grateful will get that!
You're quite rightly sharing your estate. That's 50%. I think that I would be blunt and simply state that this is what's yours to bequeath and be grateful will get that!
Thank you x
It seems to me that you have to be very careful here. You should see a specialist to help you make a more competent will. But in general, I agree that you should divide the percentage 50-50, it's fairer that way. My friends had a similar problem, they were constantly fighting over the will. When they got tired of the constant fighting, they found a very good agency. The guys advised a good solution to the problem, and the fighting between them finally stopped. So I advise you, too, to find a good company that will help you in such a delicate matter.
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