r/AmItheAsshole • u/blueeyedevil71 • 3m ago
AITA For protecting myself from my greedy adult children?
So I am going to try and keep this short and to the point, but I need to hear from others that I am not being crazy or acting in greed.
Long story short my (ex) husband died recently, he was sick, but died unexpectedly. We haven't lived together for over 15 years, but never actually divorced. The not getting a divorce was his request, he never wanted to separate, but he was a narcissist and I couldn't take anymore. At the time I left we still had 3 minor children and he didn't want to pay child support (thus, not divorcing). He also, specifically told me that he didn't want me to divorce him and go after his 401k (this is going to be an important part of the story). He was proud of his 401k, when he died he had been with the company almost 40 years. During our marriage, when our kids were little, we would fight over his agressive 401k deposits taking money from our family. Bottom line is I went along with this because honestly, it wasn't affecting me. I was never going to marry again. All in all we have been married since 1995 so 31 years - 15 leaving together and we were together for 5 years before we got married. Bottom line, my whole life has been with this one person.
Fast forward, he dies and not only am I the SOLE beneficiary in all his assests (car, bank accounts, life insurance, & the beloved 401k) but I am also still married to him, so legally I have claim to everything. The money we are talking about here is significant, life changing money. My adult children, 5 of them, ranging from 30s to 20s, think they should get everything. I agreed to give them all the fluid cash money (bank accounts, life insurance, last pay & bonus money) but that is not enough. I explained to them the tax requirements to try and liquidate his 401k while we are still married and I am not old enough to draw it, but they weren't concerned. So I agreed to split the 401k with them as long as they agreed to pay for 1/2 the taxes (which will be several hundred thousand dollars) this is still not enough for them. They want it all, saying we weren't living together and he didn't want me to have it so I should basically give them everything.
The eldest 3 or not talking to me. They are running and telling every family member that will listen that I shouldn't get any of it!
The clock on the money is ticking, only have 30 days to decide how to handle and I am stuck. Part of me wants to stand my ground and protect myself (I live in California and would have received 1/2 of his retirement account in divorce) and the mom part of me says "it's just money and not worth killing off my relationships with my kids". HELP from a broken hearted mom in cali!