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living trust and remarriage

louise
New User

Post #1 of 2 (6649 views)

living trust and remarriage

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?

(This post was edited by the_admin on Jul 20, 2005, 5:48 PM)

Legal
GettingRemarried.com Legal Advisor

Post #2 of 2 (6618 views)

Re: [louise] living trust and remarriage [In reply to]

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.
M. Giordano
Legal Advisor