2nd marriage and will

[DLSweet]

Jurisdiction

Virginia

I have 2 questions pertaining to a 2nd marriage and will. I married my new husband in March 2020. I own a small 30 acre farm that I am willing to my 3 adult children. He had no real estate, nor anything of real substance, when we met besides his pension he will receive upon retirement. We have nothing together. I have just a simple will stating that my children inherit upon my death. My husband is not included in my will but I would like to include that he can remain in the house until his death if I precede him. Question is, does my will stand that my children supersede him when it comes to the property ? Secondly, what clause should I put in that he can stay upon my death ? Thank you and have a wonderful day.

 

[flyingron]

The problem is that your will ONLY controls property that you personally own at the time of your death. So you need to make sure this remains separate property. If you do this, then indeed you can will the property to them on your death, reserving a life estate for him. Another option might be a trust (while life estates are pretty straightforward, dealing with things you want to direct on an asset after the immediate resolution of your estate often requires such).

Note, however, that the separate vs. marital property issue will also come up again if you happen to separate prior to your dying.

There's not enough information here to tell what the best answer is. I suggest you contact an attorney who specializes in such things. He can look at the entirety of the situation and determine the best vehicles for both NOW and to prepare for your demise.

I'd also look into getting advance medical directives, medical and durable power of attorneys, set up. You may never use them, but in some cases, they'll be indispensable. I was lucky I got my mother-in-law who was in the early stages of Alzheimer's but still competent to execute such and it helped us a lot caring for her later.