Reply to How to ensure my kids inherit my money if my husband remarried and died?

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[quote=Anonymous][quote=Anonymous][quote=Anonymous]I haven't gone through all the posts, but I guess is it safe to say that it is quite difficult/impossible for surviving spouse to make use of 100% of the estate, but some mechanism is automatically triggered upon a re-marriage such that now the kids have some control over some portion of the assets.

That seems to be the conclusion.[/quote]

I think the issue is doing it without there being loopholes.  Because if a surviving spouse can make use of 100% of the estate, that means they could withdraw all the funds for whatever reason.  If they know there is a remarriage trigger, they could withdraw it all before they tied the knot if they were so inclined/convinced.  You could set up guardrails on the trust, but that might limit access/create expenses in ways you don't really want. 
I think I would be inclined to distribute the risk--leave some outright to my kids, but let them know that I expect them to use it to provide financial care if my surviving spouse had need beyond their means, leave the bulk outright to my spouse, [b]but let them know my wishes for my portion of the remaining assets in the event of remarriage.[/b][/quote]

Seems to be the most reasonable thing to do. Far better to write a 'death wish' letter to spouse where you lay out what you want to include "Get married if you find the right woman, but before you do, make sure that at least 50% of our net worth is moved into a Trust that only our kids can access. If you don't I'll haunt for the rest of your life and use my connections 'up here' to make your life miserable when you get here" or something along those lines. [/quote]

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