Prevent Disinheritance of Heirs After Remarriage

[yclipse]

> When a surviving spouse remarries and estate documents are redrafted to provide financial assistance to the new spouse

This not how most revocable trusts operate. The usual structure directs that the trust becomes irrevocable after the first death, to ensure that the protection of the original children will remain in place.

 

[JBTX]

> When a surviving spouse remarries and estate documents are redrafted to provide financial assistance to the new spouse

This not how most revocable trusts operate. The usual structure directs that the trust becomes irrevocable after the first death, to ensure that the protection of the original children will remain in place.

IANAL

What you are saying is probably true in non community property states where each spouse typically has their own RLT. In community property states the trust is often set up as one trust in both names, and would become irrevocable upon death of second to die assuming both spouses are grantors of the RLT.

 

[Slim11]

The problem lies in if ita revokable or not. You can set up a revokable trust as some said above, that becomes non revokable upon death. The problem is your new spouse could intice you in early dementia, or any other beneficiary, to revoke the trust and then just add beneficiaries to all the accounts. My brother tried doing this to his family. So the only iron clad way is a non revokable trust. Definitely hire a laywer to do it and look it over. Its way more co.plicated then it needs to be, but any good plans are.