My second wife says her 2 children should inherit our estate, but I also have 2 children. Is that fair?
“I will leave the inheritance of $ 1 million that I have received from my parents from my biological daughters.” (Photo topics are models.) – Getty Images/Istockphoto
I have been married to my second wife for 10 years. I will leave the $ 1 million inheritance that I have received from my parents from my biological daughters. All the other first goes to my wife or, if she is not around, is immediately divided between my stepkids and my biological children.
My wife said that if I die for her, she plans to leave everything – our remaining estate – to her two children who are my stepchildren. She claims that my biological children have already received a large piece that I pass on to them of my deceased parents. Is this fair?
The second husband
Related: “My house and car are being paid off”: I have $ 1 million in shares – so where do I invest $ 100,000?
How your community property is divided depends on who will first die, unless you both agree to write a trust agreement. – Marketwatch -Ilustration
Your legacy, your choice.
Your community property, the surviving husband.
The legacy of a spouse is considered separate property. So it is fair to leave it to your own biological children, if that is what you want to do. Community or marital property, acquired during a marriage, goes to the surviving husband. They can do what they want with it. Your wife has made her plans clear. However, if she dies before you do that, her children can have a problem because you are planning to split the estate four ways, reducing the legacy of your stepkids.
So how your community property is divided depends on who will first die – unless you naturally come to an agreement and decide to write a trust agreement. A qualified ordered interest rate real estate, or a QTIP trust, is not unusual in second marriages. AB confidence is another option: the “A” Trust is revocable and has the surviving spouse, while the “B” confidence is irrevocable and possesses the assets of the deceased husband.
For assets that do not go into confidence, you can call your children as beneficiaries or make transfer-on-killing. However, you must avoid placing their names directly on the actions to ensure that they can take advantage of the step in the basis, including only pay capital gain tax on the basis of the fair market value of the active in the event of your death, rather than on the basis of the original purchase price. A consultant will help you structure your trust or trusts. You can also use life insurance policy as a way to leave your children an inheritance.
During your life you can also make tax -free gifts to your children. The exemption from the income tax of the internal revenue service on wealth transfers during the life of a person and at their death is $ 13.99 million per person for 2025. The annual exclusion for gifts is $ 19,000 for 2025; It is double that for married couples. But unless the Congress takes action, that exemption is planned to return to the previous level of $ 5 million in 2026.
It is a shame that you and your wife see things differently when it comes to who will inherit your marital property, but at least you are honest with each other about your plans. Your wife, for example, does not promise to split your community property in four ways and to wait until you have given it to her two children. That seems to happen – on the pages of this column, at least – more times than I have had hot dinners.
For example, this reader said that his stepmother, who had been with his father for 25 years, left everything to her two children. “I had a great relationship with my father and my stepmother,” he wrote. “Unfortunately she doesn't see it the same way as me. And yes, I spoke with a lawyer, and he actually said there is nothing that I can do except to talk to her and explain why part of the money should come back to me.”
The truth is that there is no right or wrong answer. Life is not always built on honesty. It is rather based on relationships, alliances and subjective decision -making about who earns what. Your two children, whatever happens, will end a collective legacy of $ 1 million. That is not a bad result. Millions of adult children end up with a fraction of it, no inheritance at all, or an estate that has more debts than assets. It seems that you and your wife can disagree.
Related: Americans are doom to buy coffee, olive oil and soap. What is the only thing I have to store to prevent tariff price increases?
Previous columns of Quentin Fottrell:
My husband will inherit $ 180k. I think we should invest the money. He wants to pay off his $ 168k mortgage. Who is right?
'I am a loss': my boyfriend of almost 10 years mentions his elderly parents as beneficiaries and giving proxy. Are I right to be upset?
'We have no marital conditions': will my wife be able to take my money if I transfer it to my retirement account?
This website uses cookies so that we can provide you with the best user experience possible. Cookie information is stored in your browser and performs functions such as recognising you when you return to our website and helping our team to understand which sections of the website you find most interesting and useful.
Strictly Necessary Cookies
Strictly Necessary Cookie should be enabled at all times so that we can save your preferences for cookie settings.
If you disable this cookie, we will not be able to save your preferences. This means that every time you visit this website you will need to enable or disable cookies again.