Reply to elderly father remarrying and inheritance question

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[quote=Anonymous][quote=Anonymous]He should set up a trust fund and put all his money and property  in it and then designate your children as beneficiaries.

I am not a lawyer and that is just my basic understanding of family trusts and inheritance law, but if he doesn’t do that, I believe in a lot of states the minimum he can leave to his wife in his will  is 50%. There are laws in place to prevent a husband from disinheriting a wife through his will. Only way around it without a trust fund is if she agrees to sign a prenup. Which may put a damper on their marriage plans.

After saying all that, please be fair to new wife too : she is younger and will probably end up doing a lot of end of life caring. She also deserves smothering. And in particular, the trust fund should ensure that she can stay in the house if she ends up living in it. Even if she doesn’t have ownership there are ways to protect her use of the house while she is alive and then have the house go to your children.

Good luck. Those are important and good discussions to have. Don’t listen to the crazy people who say you are out of line. However, remember money and inheritance is about love and caring. Your FIL Amat be happy with whatever after he dies, but new wife may feel slighted if you all discuss leaving her completely aside. Her needs need to be taken into account too. And having money of her own is not enough to justify her inheriting nothing from her husband. 
[/quote]

“Something” not smothering. And other typos, sorry, phone autocorrect [/quote]

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