Legal Question in Wills and Trusts in Texas
Wills, 2nd marriage, adopted children
My fiance adopted his 2nd wifes 2 children. Now that we are planning a wedding, I need to know if he passes away, do his adopted children get half of everything we have (IE: my pension) & if so, what can I do to stop that? Is a prenuptial the way to go, or what. He is worried if I die before him, he will not have funds to live on if a prenuptial says my pension & all increases are not to go to his heirs.
1 Answer from Attorneys
Re: Wills, 2nd marriage, adopted children
It appears to me that you both need to prepare wills, which will distribute your estates in the way that you want. If you both have valid wills, and make sure that any beneficiary designations on retirement plans and accounts, bank accounts, life insurance policies, etc. are set up in the way that you want, then your estates will pass the way the documents say. Those children do not automatically get anything - only if his will says that they do.
A prenup would address different concerns, which may or may not be important to you.
In the event that there is something in a past divorce decree that orders your fiance to leave certain assets to his children, that decree would change this answer.
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