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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]Your kids should be your healthcare power of attorney, and you should set up a trust that benefits them only. Your house can go to your spouse. You owe your kids this. [/quote] This, but kids inherit the house. Leave spouse 10% of total estate or nothing. [/quote] Then don't get married. You need to care for your spouse during death. Kids are being greedy.[/quote] Spousal elective share laws require 33-50% of the estate or the spouse can challenge the entire estate, so this is terrible advice and an attorney would never advise it. [/quote] Not if spouse waives it in prenup . Elective share covers marital assets not premarital or trusts [/quote] Depends on your state. In most states, the augmented estate does included premarital property. Trusts set up before remarriage, plus a specific spousal waiver in a prenup, can avoid this issue, but who's going to waive their elective share in a prenup if they aren't independently wealthy themselves? [/quote]
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