My mother put her home in a living trust to my siblings and I. She married several months before this trust was executed and for reasons unknown did not tell us about this marriage. What, if any, rights does her husband have in the event of divorce or death?
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living trust and remarriage
#2
In most instances property obtained before a marriage -- including realty -- is considered separate and not marital property so that the house that your mother owns (with a deed made individually in her name presumably) is hers to transfer by will or trust as she pleases. However, there are so many complex variables which may come into play depending on residence state and whether the newly married couple have a prenup agreement that it would be best for you and your mother together to seek the advice of a competent local attorney to ensure that the documents have been properly prepared and executed so that her intentions as to the disposition of this property are met.
Michael C. Giordano, Attorney in Mechanicsburg, PA
Disclaimer: Answers are not legal advice and is never a substitute for professional advice from an attorney licensed in your jurisdiction and retained to represent you.
Disclaimer: Answers are not legal advice and is never a substitute for professional advice from an attorney licensed in your jurisdiction and retained to represent you.
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