My second husband will leave me $540,000 if I bequeath him my $130,000 net worth. What will happen to my two sons?

By Quentin Fottrell

 'I doubt he would pass anything on to them' 

 "I doubt he would pass anything on to them." (Photo subjects are models.) 

 Dear Quentin, 

 This is more of an emotional question than just financial planning. I've been in my second marriage for 10 years. We are finally making wills. My husband says he will leave me $400,000 and his $140,000 car, if I will agree to leave him my $30,000 of stock and $100,000 equity in a house that I own with two family members. 

 Sounds simple, so why am I hesitant? I have two sons and four grandchildren, and I am concerned that if I die first, they will get nothing at all from me. I doubt he would pass anything on to them. He has one adult son, from whom he is estranged, and a niece. What should I do? He will also leave me a life estate in our home. 

 Second Wife & Mother 

 Don't miss: 'I was shoveling sidewalks at 8 years old': I'm a 73-year-old boomer dad with two kids. Here's what I teach them about finance 

 You can email The Moneyist with any financial and ethical questions at qfottrell@marketwatch.com. The Moneyist regrets he cannot reply to questions individually. 

 Given what you say in your letter, it does not seem like he needs an inheritance from you, so why would he insist upon it? 

 Dear Wife & Mother, 

 It's a dilemma about risk versus rewards. From that view, the numbers are on your side. However, that does not mean your emotional argument should not win the day. 

 The risk is you leave your husband all your assets ($130,000). In return, he says he will give you $400,000, a $140,000 car and a life estate in his home. It's a no-brainer from a mathematical standpoint: Take the deal. As a financial agreement, it's a good one. You don't give your respective ages, but women tend to live five years longer on average than men; a macabre data point worth considering. 

 This is only true if all your assumptions hold - most especially, if your husband dies before you, his assets remain intact and his will remains unchanged. Wills can be changed, so you will both need to sign a trust. And you are both taking a risk financially: Whatever you put on paper will only come to pass for one of you. You both have a 50/50 chance of receiving the other person's assets. What happens is out of your control. 

 But if you die first, your $100,000 equity and $30,000 in stocks go to your husband, and your kids get zero - nothing, zilch, nada. Even assuming both inheritances go up in value over time, the difference between your assets and your husband's assets makes this agreement worth it for you; it works in your favor, on paper at least. He is estranged from his son so he does not mind you inheriting his estate. 

 However, something doesn't seem quite right. If your husband has $400,000, a home and a $140,000 car, he's not poor, and I assume that he has other assets (such as investment income and Social Security). Given what you say in your letter, it does not seem like he needs an inheritance from you, so why would he insist upon it? It's a hard line to take given that you have a modest net worth and two kids. 

 If you are worried about your legacy and you don't feel good about your children receiving nothing, talk to your husband about how you feel and ask if you can both find a solution together. Tell him, "Your offer is very generous, but I'm not sure it leaves me with a good taste in my mouth. I don't want my children to feel like I betrayed them, if I die first, by leaving everything to you." These are uncomfortable, but necessary, adult conversations. 

 Different types of trusts 

 Whatever you decide - to take the deal, or split the difference by accepting half of what he's offering in return for keeping your $130,000 - make sure it's locked in. A qualified terminable interest property trust, known as a QTIP trust, is useful in second marriages. A QTIP irrevocable trust has two types of beneficiaries: a lifetime beneficiary and/or a final beneficiary, who would receive the assets upon the lifetime beneficiary's death. 

 An A-B trust is another option: The "A" trust is revocable and holds the surviving spouse's assets; the "B" trust is irrevocable and holds the deceased spouse's assets. A marital or "A" trust is an irrevocable trust that gives the surviving spouse complete control over the assets. Upon their death, the trust's assets would then be passed down to the named beneficiaries. 

 Second marriages often throw up these kinds of financial dilemmas for blended families. In addition to estate planning and roping off assets for children and grandchildren, trusts are also useful in planning for Medicaid and for long-term care, in avoiding paying higher rates of income tax, and in planning for possible divorce or for becoming incapacitated through illness or accident. 

 Marital trusts are popular for blended families to pass assets to a surviving spouse and protect children's inheritance. They are key for blended families so that each spouse ensures their respective children are taken care of if one of them dies. A stepmother or stepfather may promise their spouse the world while both parties are living, but have a change of heart the day after their spouse's funeral. 

 Such trusts can also distribute funds based on need. If one child decides to go to college, the trust can provide for that. If another child has an addiction and happens to fall off the wagon and needs rehab, the trust could fund that too (or stop payments until they've proven they're sober again). The tax benefits are significant, and help ensure that a higher portion of your estate passes to children tax-free. 

 Don't take his deal if it leaves you feeling queasy or questionable, especially if you don't like your children being potentially dependent on the largesse of your husband. 

 Related: 'It's complicated': My husband, 61, wants to leave me everything. His kids will hate me. What should I do? 

 More columns from Quentin Fottrell: 

 'I worked very hard': I'm 71 and have $6 million after scrimping and saving. My son, 33, wants money for a house. Do I say yes? 

 This guy has no manners': My Airbnb guest requested I buy bacon and beer. The $30 bill remains unpaid. Do I insist? 

 I'm 59. My wife and I bought a second home for $484,000 at 6.2% interest. Will this be a drain on our retirement? 

 Check out The Moneyist's private Facebook group, where members help answer life's thorniest money issues. Post your questions, or weigh in on the latest Moneyist columns. 

 By emailing your questions to The Moneyist or posting your dilemmas on The Moneyist Facebook group, you agree to have them published anonymously on MarketWatch. 

 By submitting your story to Dow Jones & Co., the publisher of MarketWatch, you understand and agree that we may use your story, or versions of it, in all media and platforms, including via third parties. 

 -Quentin Fottrell 

 This content was created by MarketWatch, which is operated by Dow Jones & Co. MarketWatch is published independently from Dow Jones Newswires and The Wall Street Journal. 

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04-07-26 1930ET

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