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Roger, Attorney
Category: Estate Law
Satisfied Customers: 31687
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My husband has 3 grown up children with his first wife who

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My husband has 3 grown up children with his first wife who he divorced over 10 years ago. I married him 2.5 years ago as his third wife. He is 59 and a physician. I am 51 and also a physician who is planning to work for another 20 years or so. So if he dies before me, how does our property distributed? I take care of him when he is hospitalized, etc. His children hardly visit him or do pretty much nothing other than asking of money occasionally. I need to know to protect my future.

Hi - my name is XXXXX XXXXX I'm a litigation attorney. Thanks for your question.

If your husband has a will, then his assets and property will be distributed per the terms of his will. Thus, he can set everything he owns to go to you upon his death and exclude his children, or only leave them specific property, etc. Thus, the simplest way to direct what will happen is for him to get a local attorney to draft a will that comports to his intentions.

If there is no will, then property is distributed through intestate succession statutes, which you can read about here: Under Indiana law, the surviving spouse gets 1/2 of the spouse's property and 1/4 of the value of real estate, and the children divide the other 1/2 equally).

Also, any joint property you own together could be impacted because his interest would be divisible under intestate succession laws as well.

Thus, it is certainly in your best interest to have wills that specifically state how or what will happen to the property upon death.

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