His And Hers

Canada
April 1, 2009 11:30pm CST
When thinking about second marriages where there are siblings how do you think the family will should be presented in the case where the husband has three adult children the wife only has one adult child and they have none together. Do you think the will should be set as divided amoung four siblings or do you think that because this is a second marriage the will should be divided in half? Half goes to his kids and half to hers? Thank You for your thoughts.
5 people like this
11 responses
@MsTickle (25180)
• Australia
4 Apr 09
This is a huge can of worms and I'm sure the cause of many fights and many tears and many will contests. I know for a start that my own children will get nothing from their father. He has a son with his second wife and the son will get everything. He was a violent man whom I left when the girls were seven and eight and he never paid any child support or anything else. He's had a bit of contact with one daughter and basically none with the other. Even his parents, my girls grandparents ignored them and it was as though we were never members of that family and yet I was hoping that there would be something for my girls in their wills, but no. Should the children's claim be bigger if their parents split when they were adults as opposed to a shorter marriage that failed while the children were still very young? I've just realised that no-one has any claim at all to anything, it is up to the individual to decide who they will leave their money too. This doesn't seem very fair though. I wonder if there are any legal issues that come into play in situations like this? In the case that you mention above...I think it would depend on who owned what. I imagine the husband would leave his money to his wife and his children while she will leave her money to her hubby and her child.
1 person likes this
@Opal26 (17679)
• United States
2 Apr 09
Hey Grandmaof2~ I will tell you that in most cases you would be totally wrong! My mother's husband, which was my stepfather from hell, left his 4 children everything! He left my mother nothing but the house. He left her no money, left me nothing! Most second marriages where there are children the estate isn't always split equally! As was in the case of my miserable stepfather! He didn't want me to get anything, so he left my mother nothing! He wanted his children to have everything. He only left her the house at the last minute so she could live in it and not worry about his children bothering her about it! They tried to anyway! It was horrible! Every second marriage is different and it is up to the couple to decide! My stepfather always felt that what he had was his, and what my mother had was hers! My stepfather was a wealthy man, but a miserable person!
@jillhill (37354)
• United States
2 Apr 09
THat's why it should be all arranged before a wedding....I wouldn't want my kids to get screwed out of what they have coming....your stepdad will rot you know where...not that it fixes what happened..
@writersedge (22563)
• United States
13 Jul 09
Divided amoung 4. No matter how you do it, the one child who stood to inherit everything is going to be upset.
@lynnemg (4529)
• United States
3 Apr 09
When the couple married, they accecpted each other's children as well. I think that all kids should be treated equally unless the couple decides differently. I think that it would be a good idea to sit the family down and talk about it though. It never hurts to find out how the entire family thinks about the situation.
• India
6 Apr 09
No it is not good for him advice him properly. They have to care about there relationship. Selfish nature is not good for anybody
@jane188 (59)
• China
4 Apr 09
maybe it is the most irritating among family , it make family members become unfamiliar. sometime even lands up faight . really terrible . good luck, i hope that you can handle it
@Polly1 (12645)
• United States
2 Apr 09
If the second marriage is a long marriage and what the couple have, they got together, then the will should be half and half. Now if the second marriage is a sort one, the hubby had all the property and money, the wife didn't contribute, then it wouldn't be fair to split it half and half. It depends on the circumstances.
@Lakota12 (42600)
• United States
2 Apr 09
MIght be set up that each gets 1/4 of what the couple has got. Like if they die and own a house when sold each should get a !/4th
@minnie_98214 (10557)
• United States
2 Apr 09
I would split it evenly amoung each child as if they were all mine. I think when you remarry your spouses kids become yours and there is no divide there. Like my case we have four kids all together i have two hubby has one and we have one together....our plan is that each would get 25% as they are all our kids. Now this is if we ever have money lol.
@jillhill (37354)
• United States
2 Apr 09
I would say that this should be done before the second marriage. If one of my books really took off I would love to leave most of it to my kids since I was the one who wrote the books....if the senerio was that they both worked and had about equal assests.....that it should be divided in half to each family and then they split it among themselves.
@drannhh (15219)
• United States
2 Apr 09
Assuming that each person brought an equal amount into the marriage I would expect the 3 adult children of the husband to each get 1/6th with the wife's child getting 1/2. But if, for example, the husband was an invalid without gainful employment and the wife holds down a full-time job and then in retirement contributes her pension to support the couple, then I don't see why the husband's children should get anything except a token amount. The exception would be if the husband's children are all highly deserving and the wife's child is a disrespectful deadbeat. Then the husband's 3 children should each get 1/3 and and the wife's child nothing. Whereas under normal circumstances the marital assets would be divided half and half, there is no requirement that either husband or wife divide his or her half equally among the offspring, as merit should be a consideration. The important point would be that each partner in the marriage have the right to decide what to do with his or her own half and not be bullied into doing what somebody else thinks is right.