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I married a woman from my past eight years ago after my wife…

Customer Question
I married a woman...

I married a woman from my past eight years ago after my wife of 30 years died of cancer. She was divorced and received half of her ex husband's retirement savings (about $250k).

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

She has this money set up to go to her children, all of it. Meanwhile in the eights years we have been married we have drained my retirement savings (supporting her spending habits) and all I can leave behind to my children is my life insurance which I pay for through my payroll deductions. I cant leave everything to my children, my wife has to be the sole recipient while my children are only contingent? Can I do anything about this? I live in TN

Lawyer's Assistant: Have you talked to a lawyer yet?

No, I don't want to have issues in this marriage and if she finds out I've spoken to a lawyer it will get ugly real fast

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I wouldn't want to die and leave my wife with nothing or eave her with joint bills to be paid. I just want my children to be protected because quite frankly I don't think she would give them a penny.

Submitted: 6 months ago.Category: Legal
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Answered in 9 minutes by:
12/9/2017
Lawyer: DamienJD, Attorney replied 6 months ago
DamienJD
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Hello: My name is ***** ***** I am an attorney. I am reviewing your question. I will be right back.

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Lawyer: DamienJD, Attorney replied 6 months ago

A surviving spouse that has been in a marriage 9 years or more would be entitled to 40% of your estate if you make a will and do not mention her in it. In other words, if you make a will a and leave everything to your kids, it would go to the kids, unless she makes a demand, then she would get 40% of your separate assets. She would not get 100% of the assets. So, you can leave money to your children and she cannot get all of it.

Let me know if that answers your question. If you have further questions, just let me know.

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Lawyer: DamienJD, Attorney replied 6 months ago

Hello again: Do you have any further questions? I am happy to continue answering your questions. Otherwise, if you are satisfied that I have answered your question, please remember to provide a rating between 3 and 5 stars at no additional to you charge so I can get paid for the services I provided to you. Thank you.

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Lawyer: DamienJD, Attorney replied 6 months ago

Hello again:

Just checking whether you got all that you needed from Just Answer. If so, let me know. if not, let me know. Thank you.

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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