Greatly depends if your husband has a "will" stating that all of his interest / share of the business will pass to you. If he doesn't, his estate will be divided based upon the rules / law of the State he resides in.
In the State of Virginia, there is intestate property & also property that is non-intestate. As an example, you & your husband have a house & $300K in the bank. Your husband dies. The house is non-intestate, which means it is YOURS flat out. The $300K in cash on the other hand is intestate property. If it was just you and your husband (no children), you would get 100% of it. If it was just you, your husband and only children you both had, YOU would get 100% of the $300K. When children exist outside of the marriage, you would only get 1/3 of the $300K. The rest would be split amongst the rest of the children...so if it is only 1 (outside of the marriage) than the kid gets it.
As to a business that is jointly owned with-in the marriage, I suspect it is treated like a house but I'm not a lawyer (and it of course would change based upon your State laws). So my best advice is...talk to a lawyer.
Bottom line---the child support agreement he made with the courts is binding. If you generate a successful business you want to be sure that should something happen to him the business goes to you----and visa versa. This is done through the incorporation paperwork (or whatever you use to start the business). Check the support agreement for what happens should the father die or become incapacitated.
He is still his son, so everything in that fathers world that the kid would get if he was with the father, the kid is still entitled to. The mom can continue to go back to court every couple of years to have the support order amended to reflect. The dads progress throughout the years. By putting everything in your name, then it isn't subject to his responsibilities. It is however, sort of, ripping off that child though.
he is still his child as the same as yours are. If his Mother, say would pass away. would you take him in? Im sure his Father would want to. But as a cut in the business. There is so many things things you can do so he dont. So no he wont. You both could die and he still get nothing.
Use your name as owner of the business and protect your investment. He can get an insurance policy, so his children can get some money in case of his death.
I don't know what you mean by "a cut". Child support payments will, and should, continue. If you didn't like that, you shouldn't have married a man who has a child.
Yes, his kid will have a claim on his estate. And if he was a halfway decent man, he would include all of his children in his will.
your husband and you need a joint will, and with a good lawyer, you can assure to cut out the kid and keep YOUR assets held in a trust
It is his kid. You sound really selfish. Any man would share will ALL his kids.
