Reply to Remarried -- how best to structure my will/trust for my adult children.

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[quote=Anonymous][quote=Anonymous][quote=Anonymous]Talk to your lawyer. You have to leave her at least ~ 33% of your estate, or she can contest it and claim a spousal elective share, unless this was waived explicitly in the prenup. [/quote]

This is inaccurate. She can claim 1/3, but he does not have to [i]leave [/i]her 1/3. My dad didn't leave his second wife anything, and she didn't claim her elective share by the six-month deadline. As a result, she only received the $10,000 mandatory spousal allowance. Had she claimed the elective share, she would've received it by law, but it is not automatic. [/quote]

Are assets placed in the trust in danger being added to spousal elective share? I don't think so if its irrevocable trust. I wouldn't add OP's wife to the title of the house that's in trust. It might be not possible to implement in general, and allows her to claim more of the house equity than she's eligible for. I would sell the house and buy a smaller place on joint 50/50 downpayment, if OP's wife insists on being on a title of a home where she lives. As an example, my exH never added me to the title of the house that he purchased before marriage, even after 19 years of marriage and despite us having 2 kids. I don't see why OP would want to create any conflict of interests between his spouse and kids over the house

Does she have her own children? My trust attorney recommended to omit older generations relatives in my trust altogether and just pay my mom, my future potential spouse "allowance" from the trust so they can rent an apartment, get some money on healthcare etc. [/quote]

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