How do trusts like this work? Is there a cap on how much of the trust PP's mom can spend down? Who is the executor? Is everything that PP's mom gets from his estate locked up in a trust, so she doesn't have anything to give away upon her death? That seems unfair. In the blended family I know, both people have money to give away upon their death. Apply this to PP's situation - the stepfather doesn't have 100% control over the entire estate - the biological mother owns and controls 50% of the estate and can divide that 50% equally to her biological children, including the PP. Sure, the children of the mom and stepdad get more in the end because they each get 25% of mom's estate and 50% of dad's estate, but it's still a much better situation for PP than what PP has described. PP's mom is basically cheated out of a legacy. |
Certainly no issue with my stepsister getting equal inheritance. She clearly feels a little awkward about it, but there is zero beef on our end. My dad called me many years ago to tell me she would get equal treatment and I said "it's your money, you made it, and that is lovely of you to include her." She did receive an inheritance from her biological father when he died, as well. It was more about the principle to include her--that he considered her his child (even if she had a "real dad" who also was in her life and would leave her money). I don't think it should be equal. I think it should not be 97/3. Oh, and that I should not have been asked to manage the estate and their health decisions before seeing the documents--I find that part very odd. We all grew up in the same house and I am very close with the half siblings. |
It's very common. Everything goes into a trust and the mom lives off of the income of the trust. When she dies, the trust dissolves and the money gets distributed to the kids. She does not have ownership over the house or the money and just gets distributions from the trust. |
^^^ yes, there are limits and correct--she has nothing to bequeath upon her death (aside from her personal property). |
Our grandparents wrote their trust in a way that keeps family money in the biological family. One of my aunts is in a second marriage with biological children and stepchildren. The Trust goes only to children, unless they pass, then it goes per stripes to blood grandchildren. It is a significant sum - my parent and their siblings are all responsible and will manage it to benefit their children. Nothing goes to spouses, grandchildren, stepchildren, or stepgrandchildren. I think this is common, and I also think it's for the best. My grandparents didn't meet their step-grandchildren until they were almost adults, and they didn't know them well, whereas the rest of the family is close. Also, the step-grandchildren have their parents and grandparents from whom they can inherit someday. My aunt also doesn't have as much money as her new husband, so it will equalize their marriage when she does inherit someday. |
That sucks. I'm glad I work and have my own assets, and our home is jointly owned as joint tenants with rights of survivorship. I care about my legacy. My husband doesn't get 100% control of where our money goes. |
She gets an allowance in life and death, but never equity ownership. Sad. |
Same for me. They are in their 80s and things were different for a lot of our moms. |
Right, because then she could leave it to the stepchildren. This way, he decides the division and it stands at his death. |
I don’t think you know very much about trust and state law. This is an extremely common, standard arrangement. Most likely it applies both ways, whether the mother or the father dies first. It’s standard. |
She could divorce him and take her share now. They could still live together; she could even be his caretaker and power of attorney. |
This is extremely standard estate planning. Chances are if you go to an estate attorney, and you are high net worth, or even if you aren’t high net worth, this is what this state attorney will recommend that you set up. It typically works either way. Doesn’t matter if the man or the woman dies first. Everything goes into trust. That way if there’s a remarriage, the people who inherit after the second spouse dies or their children, not the remarried spouse or the remarried spouses children it’s very very common and there’s no reason to feel sorry for a spouse who has this estate arrangement |
How much have you or will you inherit from your father? |
More details from the aggrieved stepchild: my dad left the house and all its contents to my stepmom--it is outside of the trust he created for the money we will get when my stepmom dies. So, she will likely leave that to my stepsister, which is also fine with me--it's her house and she can leave it to whomever she wants.
My stepdad put his and my mom's house (which I grew up in starting at age six) into the trust and the half-siblings will inherit our family home, in addition to $$$. |
Probably about 10-20% of what each of my half-siblings will inherit from my stepfather. Not sure on exact value of assets. Less money and split 4 ways, not 2. |