If I die is my EX wife entitled to sue my current wife for Money or Possessions?

Question

have been married to my current wife for 3 years. We have a two year old child together. I have 2 sons from a previous marriage. They are 5 and 12.

I want to make a Will out and I am just wondering if the ex is entitled to anything on my kids behalf.

I don't really have many possessions. We own one vehicle. We don't own a home or any stocks or bonds or anything like that. I have no savings account.

I do have an action figure collection that my wife and I share. It does have some value.

I do have a life insurance policy through my job. And I do have a retirement fund. My current wife is the beneficiary.

Answer 1

Well, only what you both had together.  So, if you have nothing now, you probably had nothing before.  Except for that action figure collection.  That I think you might as well give it to her, since half of it was hers.  And after you die, it will all be hers.  A pre nup is written just in case.  And what it explains is what goes to who.  But, without it, it would most likely be split up the "government" way.  That is, what you had after your divorce will be cut in half.  What you and your new wife have together cannot be touched.  How could it be fair to your new wife?  

Answer 2

Of course she can sue, but she is very unlikely to get anything.  

Don't you care about your other two kids?  Don't you think they should get a portion as well?

Answer 3

She can sue, but is unlikely to get anything, unless you have outstanding debts, alimony or child support due to her and she can prove the debt

Answer 4

She is not entitled to anything.  However, if you leave anything to any of your children and omit any of your children, it's a good idea to explain in the will why you are doing that.

Answer 5

It varies depending on the state. If there is currently a child support order, I believe she is entitled to some support out of your estate, above and beyond anything you might leave in trusts for your older two children.

Given the complexity of the situation, I would recommend paying a good lawyer $100 bucks for a consultation on your will.