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][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]

This is not going to be the case in every state. [/quote]

Pretty much is.  Here's a state-by-state comparison: https://www.blog.theuswillregistry.org/wp-content/uploads/2025/08/Elective-Share-Rights-by-State.pdf[/quote]

It says probate estate and some non private might be targeted. It may be quite challenging suing a premarital trust which is why family trusts existed in this country for the generational wealth transfer [/quote]

Trusts make a lot of sense, but if you create one solely to disinherit your spouse, it will be challenged.    As a matter of public policy, we shouldn't allow people to shift the responsibility of caring for their widows from the marriage to the state. [/quote]

The responsibility to care for people can  come  from the trust; arrangements can be made to provide for end of life nursing care etc that wouldn't be obligation of the state. Wealthy people can afford care for themselves and their widows without disinheriting their kids. In the end of the day, anyone who marries that late in life should have their own pension and assets (like OP's wife). and shouldn't require extra arrangements from their spouse not to become dependent on government assistance  [/quote]

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