Legal Question in Wills and Trusts in New York
NO WILL-children unprotected?
I own a a house with my husband and have 2 child. My husband had a previouse marriage, His ex went and reversed his divorced to her arguing the validity of such divorce, basically after going to trial she won. so then she did a 2nd divorce leaving my marriage nule. i have not remarried. 1st was out of state. now concerns me our properties, our childs, in case of death. ( he has a child in previous marriage and pays child support- they are out of country) basically how can i protect my children and our assetts that i feel belong to me and my children in the event of our/his death? Where do I start to correct/ protect my children. The deed of my house was recoreded as husband and wife. Please reply.
1 Answer from Attorneys
Re: NO WILL-children unprotected?
This is a difficult situation. Obviously, a new marriage would help you. Also, it would be well if he drafted a will which addresses your concerns, but you suggest that is not likely.
Therefore, you must make a 'paternity petition' to establish him as the father of your children and then petition for child support.
I am unclear about the house. I would have to see the deed. It is likely that you will get 100% of the house if he passes before you, but the other children may be able to claim a % by law.
None of these actions is difficult and it is best to begin as early as possible on this work.
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