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

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]Do NOT add that woman to the title of the house you want to leave to your children. What you want to leave her is called a life estate which is the right to reside at a house un disturbed for the duration of her lifetime. No matter what she is smiling and telling you to your face now, assume all that will change and she will not even acknowledge your children after your death. Plan accordingly [/quote]
Both of these things happened to my Dad. The life estate, which was a good idea, and my stepmother’s lawyer quickly declined so we could sell it. And her lawyer declined it because she had stopped speaking to us merely months after he died for reasons that she never explained.[/quote]

What did the lawyer decline? To follow the living trust rules ? Or declined creating the living trust [/quote]

It sounds like the stepmother via her lawyer just declined to accept the life estate -- they chose not to live in the house. [/quote]
PP here and that’s exactly the case. Dad and stepmother lived about two thirds of the time in a house that was hers and the other third in a summer house that was his. Each of their estate plans said that they would have a life estate for a year for the house that wasn’t theirs to give the surviving spouse time to make other plans. We asked if she needed the year for the summer house (during which she would pay for any expenses) and got back a no response from her attorney.[/quote]

House should almost always go to the spouse. It's personal and kids and spouse don't want an ongoing relationship post your death. Leave other stuff to your kids. This was the firm direction I got from my attorney. [/quote]

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