Assuming my children are not 18 yet when I pass on, what will happen? Will my spouse still be “inheriting” whatever I leave for my children in a way?
side question..I’m contemplating divorce. Wife has been just doing the minimum, I’m the primary caregiver along with my parents..I love my kids my much and hope to live with them day to day even if that happens. Any chance of the court giving me that?
Only fear I have is my kids are still young and don’t see how much I’m doing for them and generally young kids stick to their mum. Partly also because she’s always going which kind of makes the kids always want to stick with her whenever she’s around. And I have a feeling if asked who they prefer, they will say their mum.
In the will, you will have to state a Trustee to handle the estate you leaving behind for your children till they mature (can't remember whether it's 18 or 21 but remember one can state his wishes like at 21 yo, get x% and 25 get Y% etc).
Your chance of getting custody for your kids is very slim unless you can catch your spouse behaving very unreasonably. Probably you can get weekend visits. Don't split the kids if you have more than one coz they need to count on each other for more stability when parents split.
I know of a rich couple going thru something similar to you now. Likely a 'newspaper worthy' case when in court (both parties not giving in in terms of asset division and child custody issues and refuse counselling etc. Lawyers have warned them about will be very high legal expenses and both 为了一口气 will fight to the end). Both strategising against each other to max extent. I see both parties also have their own shortcomings (husband got woman outside and wife spending money like water but she takes good care of the 4 kids).
*consult a lawyer who can do both divorce and will. He/she likely to point you to the 'correct' direction.
To add:
Once contemplating divorce, one has to assume that the spouse will be engaging a PI tailing and engage in conversations recording activities. This is sort of Pre-Divorce Assumption for both parties. So, dont make 'mistakes' (mind your words and actions coz can be purposely provoke for recording intention) as far as possible.
