How is trust property distributed when there is a surviving spouse?

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How is trust property distributed when there is a surviving spouse?

A married man in owns a house, which he purchased in his own name (not in wife’s name, since he purchased it with his own money per an anti-nuptial agreement). When he dies, does FLlaw automatically allow the house (and/or cars) to be removed from his trust and given to his wife, rather than the recipients of the legal trust? As mentioned above, there is also an anti-nuptial agreement stating anything purchased with his money (that he brought into the marriage) will automatically go into his trust at death.

Asked on October 21, 2010 under Estate Planning, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I think that you should go an see an attorney in your area on this matter.  Someone needs to read the trust agreement, the anti-nuptial agreement and ask you many questions about your assets to answer this question. The trust will govern how the assets will be distributed here. 

Generally speaking, if you signed an anti-nuptial agreement and you agreed that this property was not marital property then the property can and will be distributed as per the terms of the trust.  You would have to challengethe anti-nuptial agreement and the trust document in court on some valid legal ground to have to be marital property first and not subject to distribution second. That is not an easy task.  Good luck.  


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