Re: Family Trust and new husband

Jul 18, 2007 0 Replies


> Father died last year - mother now is the sole trustee of


>> both the A trust in her name (revocable) and the B trust in
>> my father's name (irrevocable). If she re-marries, will the
>> new husband be entitled to any of the trust monies just by
>> the fact that they are married? He would need to be added
>> as a beneficiary to receive any trust property, correct?
> If the wording of the trust follows the normal format the
> new husband can't touch the money in the B trust (and isn't
> entitled to any of it). If your mother can draw money from
> the B trust and she hands it to the new husband then he
> would obviously have it.
>
> The A trust is trickier. If your mother adds money to the
> trust after her marriage the trust might become "polluted"
> and could be treated as community property.
>
> This is a situation that cries out for a pre-nup especially
> if the new husband has fewer assets than your mother has.

would the "pollution" occur even if the deposits are 100% hers (ie social security?) would it be best to set up a new bank account and avoid depositing money in the A trust?



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