Estate Wills: If a man dies who should get his money and house…the stepmother or the adult children?

I am wondering how it usually works? They have been married 10+ years.

Is it spilt up typically, or how does it become distributed?

If I undersand it right, the stepmother will get evrything and then when she dies it will be distributed to his kids….

But what if she spends it all and the kids end up getting nothing?

Does that happen?

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    14 Responses to “Estate Wills: If a man dies who should get his money and house…the stepmother or the adult children?”

    1. rememberthecole Says:

      If there is a will it can not violate state law. For example if the father said it all goes to the kids, in most states that is a violation of state law where half must go to the wife.

      If there is no will, then the state law controls.

      If the children are adults, then the wife gets everything.

      If the wife did not adopt the kids, then they are not her next of kin and they get nothing when she passes away. The house and money would go to her next of kin, whoever they are, sisters, brothers, uncles, etc.

      If the wife did adopt the kids then they are considered the next of kin and her estate would go equally divided to the kids when she passes away.

      If the children are minors, half goes to the wife and half gets divided up for the kids. Her half would be covered like above.

    2. wartz Says:

      Whoever he wills it to.

    3. surfergrom94 Says:

      he signs a will…

    4. LovesTheConstitution Says:

      The assets of the estate should be distributed according to the terms of the will. The probate court will appoint an executor or administrator to handle the estate.

      If the deceased died intestate (without a will), your state’s laws on probate will dictate distribution. This could prove more expensive than if a will had been left.

      In either case, consult a probate lawyer as soon as possible.

    5. Vicky I Says:

      If there is no will it would go to his wife.

    6. meeomyo Says:

      Normally the current spouse would have his estate.If he has a valid will which states that is what he wanted.If he does not have a will then the estate goes into probate and things get difficult.Also the laws depend on the state or province.

    7. bailie28 Says:

      well when my father in law died his two adult children got what was left of the insurance policy he had…their names were on it…his second wife..their stepmother got everything else..but honestly she had given us some things while he was still alive from when he moved into her house..things of my husbands mother who had died when he was a kid..we also got his whistle and the flag from the military was presented to my husband not her…she didnt want fact she didnt want that at the funeral at all…but i insisted because anyone that knew him knew he was proud of the time he spent in the army and it was one of the reasons my husband has made his career in the air force…..between my husbands sister and him we also have all the photo albums of them from when they were kids..the strange thing though was when my kids were born we bought him things that said grandpa…she gave all those things back to us….we always included her so im not sure why…they were married about ten years as well…we do still keep in touch with her..because she took care of him at the end and she was an important person to our son…who thought of her as a grandmother and realistically she was nice to all of us…perhaps you can work it out…without anyone getting hurt…money is nothing….memories are whats important

    8. mary z Says:

      If there is no will than it should go to the legal wife..If she spends it I guess the kids are out of luck. PS…without a will if she remarries the kids will not see a penny of the money either.

    9. rickinnocal Says:

      If there is a will, then the estate is divided entirely according to the will.

      In Louisiana, but in no other State, a child is entitled to a share of his fathers estate even if he’s not named in the will.

      In no State is a wife legally entitled to any share of her husbands estate if she’s not named in the will. How jointly owned property and assets are divided depends on the circumstances, and on State law.

      If there is no will, then the States "Rules of Intestacy" apply. In all States both the current wife and the children would inherit a share in their own right. How much each gets vary by State.


    10. Judith Says:

      When my stepfather dies his will states that my mother will be able to live in his house until she decides to move out or dies. Then his house will be sold and the proceeds will be divided amongst his three children. My mother will not get his money since she is able to meet all expenses on her own. He is also leaving other items to my mother e.g. the household furniture and his car. Although his children like my mother they are still unhappy about her being able to live in the home and inheriting the furniture and car. My three sisters and I plan to let them have the furniture when my mother no longer lives there. They can also have the car when she can no longer drive although I doubt it will be worth much. My sisters and I aren’t greedy. When I and one of my sisters were divorced we let our exes have everything except for the wedding gifts given us by our family and friends.

    11. cannova262 Says:

      It depends. I will concur with the others that unless a will is made out, then it automatically goes through probate, which I understand is a long process. But if the house, cars and any other property are in both the father and stepmother’s name, those things should automatically go to the stepmother. That’s what I understand anyway. It’s always advisable to consult with a lawyer on things like this. Good luck.

    12. Bethany J Says:

      If he doesn’t have a will and dies intestate, then the property and monies will be in probate court and it will be decided by state law. Depends where you live. Some states say everything goes to the surviving spouse without regard for legal children and in other states it would be divided. This is why everyone should have a will especially when there are second marriages. Keep in mind that if everything goes to the stepmother, she can will everything to her own children and give nothing to the man’s children from a former marriage. That happens all the time. All the monies and property earned during a marriage will go to a stepmother and her children instead. Get a will done now.

    13. maxmom56 Says:

      If the man has a will, the property is distributed as he stated in the will. If there’s no will, the property passes through the laws of intestacy which are different in each state. The wife usually inherits. If she does, the property is hers. She can spend everything. Whats more, she can leave what’s left to anyone she wants. If the wife inherits, basically, the adult stepchildren will probably get nothing.

    14. mark32541 Says:

      If there is no will,

      Then his wife would get everything.

      It would be up to her, to decide if she wanted to give part of the assets to the children.

      My mom has a friend who is going thru this now.

      Her husband died, and his kids, seem to think that she should just move out and leave everything to them.