Will/Trust: Illegitimate wife and child overseas, legitimate wife in U.S.

[farangman]

What is the name of your state?Arizona.

I want to know if I can will some money and belongings to my Illegitimate wife and child who are not U.S. citizens and live outside the U.S., even though I legally reside in Arizona (a community property state) with my legitimate wife. Would I be able to do this with a will or/or a trust without my legitimate wife knowing about it?

I appreciate any help or direction to any resources you can provide.

Thank you.

 

[Dandy Don]

You need to make sure you talk to a trust attorney when you draw up the trust.

Yes, it could be done without your wife knowing about it.

Just set up 2 separate trusts, 1 that names your wife and any other interested parties as beneficiaries, and the other that names the illegitimate wife and children as beneficiaries. There is no guarantee that she won't find out about the other trust, but after you are gone there will not be much that she could do about it, and it is your money to do with as you please.

DANDY DON IN OKLAHOMA ([email protected])

 

[farangman]

"...and it is your money to do with as you please."

How does it become "my money" in a community property state (Arizona)? Is there some action I need to take first, or do the trusts get automatic control of half the community property upon my death? (That would be the ultiamte no-faualt divorce.)

 

[divgradcurl]

"...and it is your money to do with as you please."

How does it become "my money" in a community property state (Arizona)? Is there some action I need to take first, or do the trusts get automatic control of half the community property upon my death? (That would be the ultiamte no-faualt divorce.)

You do need to see an attorney. Typically, you can will away whatever you want, but if you don't leave at least 1/2 of your 1/2 of the community property to your wife, she can take an "elective share" and undo your will, at least to the extent that she receives 1/2 of your 1/2 share of the commuity property. You do not have to leave any separate property (that you own) to your wife.

However, funding trusts in a community property state can be troublesome. Although you are free to will away 1/2 of your 1/2 of the CP assets when you die, while you are still alive, each of you owns the community property -- it's not like 1/2 of your assets are hers and 1/2 yours, you each own an undivided share of the entire community propery estate. So, it can be difficult to fund a secret trust, since any CP you put into the trust is really half yours AND half hers.

But talk to a local estate planning specialist, I'm sure they can figure out some way to fund the trusts the way you want to. If you own any separate property (your attorney can help you determine if you have and SP assets) you can use those to fund the secret trust.