Trusts and remarriage

What is the name of your state? Florida
Our father has a trust and my sister and I are the trustees when he passes away. He has terminal cancer. He is probably going to marry his girlfriend of 20 years. As the trust stands now, my sister and I will inherit all. If he remarries, does the trust stand as it is?? Our father tells us nothing will change. We believe that his new wife will now be part of the inheritance, but we are not sure who is correct. Could someone please help?? Does his new wife have to be added to the trust or is that automatic when they marry? Thanks
Sandy

If he is smart he should revise the trust (or the will, if he has one) while he is still living to at least give some small portion of it (in whatever amount he might decide) to her. Nothing will be automatically changed when he remarries.

For advice about doing this, he can speak to the trust attorney or bank who helped him draw up the trust.

If he does not have a trust attorney, then you all need to consult one to find out the best way to handle this situation.

DANDY DON

Why would he be smart to add her to the trust??
When they marry, doesn't his stuff become hers too?
Thanks for your reply... I would like to know more.
Thanks

He would be smart because it is only fair for a husband to take care of the needs of his wife. He can either revise the will (if he has one) or the trust, but it would make him look good by showing his concern for her and help prevent the possibility of her contesting it to get a larger share--if his wishes are clear and specified, there is no way she can get more than what she is legally entitled to. The trust is dead-set as it was set up originally, and there is no automatic right to inherit from a trust--any changes must be made by the person who drew it up.

Yes, if she were to become his wife, she would be entitled to a larger share of his estate, his stuff doesn't all automatically become hers, but she is entitled to a portion of it as determined by your state probate law (only a probate attorney can advise you what the exact percentages are) and the other heirs get the rest of it.

DANDY DON