Re: Family Trust and new husband

> 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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tfprusd
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