Legal Question in Wills and Trusts in Indiana
inheritance, married couple, one child from other relationship
My husband and I are married, he has one son, 11 years old (he was not married to the child's mother) and they have shared custody.
The house belonged to my husband alone before our marriage.
Should he die, would the child's mother have the right to claim the house in behalf of the child? Or do I as the wife inherit the house? Or do the child and I own it together? And if we own it together, when would I have to pay him his share?
1 Answer from Attorneys
Re: inheritance, married couple, one child from other relationship
Your husband can make a will that provides for you to inherit the house and everything else. If your husband procrastinates (procrastination being the default position of most humanoids) and never writes a will, then your inheritance rights will be limited to the $25,000 spousal allowance. You might also have a claim against his estate for a share of the property, as if you were dissolving your marriage. Otherwise, his children will inherit everything, immediately. Bitterness and animousity will follow his memory forever. Maybe he would buy some life insurance and provide for both you and his children, while leaving you the house. Or better yet, maybe he would recognize your valuable contributions to his household and general well-being, and put the house in joint tenancy with you right now, before he dies. Good luck getting the gentleman to think about these last things.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
