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Estates

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SusanParkinson

Junior Member
What is the name of your state (only U.S. law)? Maine
My 90 year old widowed father is a resident of Florida wishes to marry his girlfriend in Maine. He has a trust which leaves his estate equally to his four children. If he marries his lady friend, how will that effect his estate if he does not have a pre marital agreement?
 


curb1

Senior Member
It depends on how the trust is worded. It is possible that "girlfriend" could end up with all of assets. Then when "girlfriend" dies, all of the assets could transfer to her family.

An attorney should be consulted BEFORE marriage. After marriage, it gets messy. After death it gets real messy.
 

anteater

Senior Member
If the trust is revocable, my understanding is that the assets in the trust would be considered part of what is called the "elective estate" from which the surviving spouse could elect to claim the 30% elective share.

But, to repeat what Curb1 said:
An attorney should be consulted BEFORE marriage. After marriage, it gets messy. After death it gets real messy.
 

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