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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 111683
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I have a blended family. My husband and I both have children

Customer Question

I have a blended family. My husband and I both have children from our previous marriages, none together. He is younger than I and in great health. I fear that if I die first, he will remarry with no regard for my children losing their half of our estate. Can I draft a legal will just for my half to leave it to my children rather than my husband and will it override any previous document which states "full rights of survivorship"?
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

You can indeed draft a will that would provide for your children, but you cannot override any deeds or accounts that state "with full right of survivorship" because that means immediately on your death it goes right to the survivor and does not go to the estate for distribution. So in order to provide for your children you have to remove the survivorship designation and you need to have a will that provides for them to have a share OR you have to put the property in a trust that provides for all of the children to have a share in the property and assets.

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