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Spouse refuses will for estate planning.


Question Posted Thursday September 18 2014, 8:59 pm

I just posted a long post about this and realized that I did not mention that I am not asking my husband to leave his son out, but 2/3 for his son and 1/3 for me is not fair to me. As I mentioned I gave up a nice home, moved in here, made improvements to the house, paid our living expenses because he lost his job and decided to wait to find 4 years until he could draw his social security instead of finding another job. His son is an addict and my husband has said before that he did not want his son to ever come into a windfall so to speak for fear of him overdosing. But yet it is one excuse after another when I bring this up. I'm tired of waiting and afraid of being forced out of the home. We live in the state of VA. I had previously lived in NC. Does anyone think I am being unreasonable to want at least 50/50?

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adviceman49 answered Friday September 19 2014, 3:00 pm:
No matter how I answer this question it is the wrong answer. Sure he is saying one thing and doing another. But the long and the short of it is his son is a part of him and you regardless of whether you're his first wife or fourteenth wife you are still a stranger. Blood is always going to be thicker than water.

I agree giving a windfall to an addict is the worst thing you can do. It will also probably shorten the addicts’ life as well.


The only suggestion I can come up with as an alternative to getting your husband to make an equal split or at least leaving the house to you. Is to get him to agree to purchase a life insurance police in an amount that will pay you an annual annuity that will supplement your Social Security benefit and your survivor benefit his Social Security.

If the two of you out live his addict son, which is very possible, this insurance policy would be an investment that can be cashed in at any time in the future and be used for living expenses at that time

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