Whoa, wait just a minute. Do you mean to say that if my husband was killed in a freak automobile accident on the way home today, I would be responsible for maintaining any child support order in effect for oc???? I have always assumed that if that happened, oc would just get a portion of the social security payments. What is the deal here. No way would I make the child support payments if hubby was dead (God forbid). I didn't have anything to do with creating oc. How could they possibly hold me responsible?<BR>-cd

CD,<BR>this is actually something I checked into immediatley. IF THERE IS NO WILL, in place..yes, OC would be entiled to her share of the estate..period. I was like OVER MY DEAD BODY.<BR>Anyway I had the wording of the will, redone. where it said OC was NOT entiled to any of the estate, and I had another clause placed in, stating also any other claims to the estate, or will challenges, were taken care of by the phrase, " I leave the sum of one dollar ($1.00), to any person that challenges this will on ANY ground whatsoever".<BR>I love my lawyer, he said the fact that who ever challenges it, gets a part of the estate...they have no other claim. yes you need a clear cut will..you dont need another lawyer, just get a program...or look at other wills, just make sure that is witnessed by people who know both of you and are not mentioned in the will. That way no one can say your or H was pressured, or doing something against you true wishes....it does not have to be drawn by a lawyer. Good Luck

CD,<P>In the state of PA, one can write out a child(ren) from their will. However, as MyCross stated, it has to be WRITTEN in a legal will, not presumed. If it's not written, I believe the PA law states that children (all children born from that person) will automatically receive 1/3 of the entire estate. The spouse automatically receives half so the remainder is split in thirds between the children.<P>Also, there are some states which DO make a person buy a policy to ensure future child support payments. I know of many step-mothers paying monthly from insurance policies (now placed in trusts with them listed as executor) because a court mandated that thier now deceased husband's hold such policies to ensure future payments until the child is of age. <P>I have also heard of some people taking step-wives to court to gain more monthly payments from social security awards which are higher than the monthly salary/hourly amount the now deceased husband brought in. Then again, I've also seen the monthly amount decrease. It just depends on how much money is awarded to your family every month. <P>So, get a program, and write up a will. <BR>An informative site to give you some ideas is here: <A HREF="http://www.city-net.com/~uswebpal/will1.htm" TARGET=_blank>http://www.city-net.com/~uswebpal/will1.htm</A> <P>Also, your husband can write in his will that everything goes to you and you alone. You then can write your will that when you die, your entire estate is to be divided among your children. Also, your husband can assign YOU as guardian to the OC as well as executor of all inheritance going to either your children or the OC. If the mother of OC take the matter of guardianship to court (which she can but probably won't win), you can also enact the step-parent laws which are listed here: <A HREF="http://www.divorcenet.com/pa/pa-art12.html" TARGET=_blank>http://www.divorcenet.com/pa/pa-art12.html</A> <P>Lots to think about. <P>Take care of yourself,<BR>CoR <BR><p>[This message has been edited by Couple_of_Reasons (edited July 05, 2001).]

Whatsa "Step-wife"? I've heard of Stepford Wives....<P>Catnip =^^=

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by catnip:<BR><B>Whatsa "Step-wife"? I've heard of Stepford Wives....<P>Catnip =^^=</B><HR></BLOCKQUOTE><P>LOL! <P>A step-wife is the same as a Stepford wife, but they have horns. <P>It should read "step-parents" and/or "second wives". <P>Sorry. <P>Take care,<BR>CoR <P>